United States v. Ralph Hatley, 15 F.3d 856 (9th Cir. 1994). · Go Syfert
United States v. Ralph Hatley, 15 F.3d 856 (9th Cir. 1994). Cases Citing This Book View Copy Cite
“in determining whether a defendant was a minimal or a minor participant in any criminal activity, a district court sentencing a defendant . . . shall consider all conduct within the scope of 1b1.3 (relevant conduct), not just conduct cited in the count of conviction.”
90 citation events (43 in the last 25 years) across 20 distinct courts.
Strongest positive: United States v. Hibbs (ilcd, 2012-09-26)
Treatment trajectory · 1994 → 2026 · click a year to view as-of
1994 2010 2026
Top citers, strongest first. 50 distinct citers.
discussed Cited as authority (verbatim quote) United States v. Hibbs (2×) also: Cited "see"
C.D. Ill. · 2012 · signal: see · quote attribution · 1 verbatim quote · confidence high
the fourth amendment does not require that officers ascertain the actual functional capacity of a vehicle in order to satisfy the exigency requirement
discussed Cited as authority (verbatim quote) United States v. Tankersley (2×) also: Cited as authority (rule)
9th Cir. · 2008 · signal: see · quote attribution · 1 verbatim quote · confidence high
t is clear from the record that the court did not limit the scope of the inquiry to the count of conviction.
discussed Cited as authority (verbatim quote) United States v. Tankersley (2×) also: Cited as authority (rule)
9th Cir. · 2008 · signal: see · quote attribution · 1 verbatim quote · confidence high
t is clear from the record that the court did not limit the scope of the inquiry to the count of conviction.
examined Cited as authority (verbatim quote) United States v. Maurillo Rojas-Millan (4×) also: Cited as authority (rule), Cited "see, e.g."
9th Cir. · 2000 · signal: see also · quote attribution · 1 verbatim quote · confidence high
in determining whether a defendant was a minimal or a minor participant in any criminal activity, a district court sentencing a defendant . . . shall consider all conduct within the scope of 1b1.3 (relevant conduct), not just conduct cited in the count of conviction.
discussed Cited as authority (rule) United States v. Devin Thompson
9th Cir. · 2021 · confidence medium
Further, Thompson’s position is undermined by the fact that “we have explicitly held that the vehicle exception applies to a search of a vehicle parked on a private driveway,” United States v. Hatley, 15 F.3d 856, 859 (9th Cir. 1994), and by our prior application of the automobile exception to searches conducted on private property without a separate showing of exigent circumstances, see id. at 858–59 (car parked on defendant’s property); see also United States v. Hamilton, 792 F.2d 837 , 842–43 (9th Cir. 1986) (motor home parked in a residential driveway), disapproved of on other …
cited Cited as authority (rule) Commonwealth v. Loughnane
Pa. · 2017 · confidence medium
United States v. Hatley, 15 F.3d 856, 859 (9th Cir. 1994).
cited Cited as authority (rule) Commonwealth v. Loughnane
Pa. · 2017 · confidence medium
United States v. Hatley, 15 F.3d 856, 859 (9th Cir. 1994).
cited Cited as authority (rule) Commonwealth v. Loughnane
Pa. · 2017 · confidence medium
United States v. Hatley, 15 F.3d 856, 859 (9th Cir. 1994).
cited Cited as authority (rule) Commonwealth v. Loughnane
Pa. · 2017 · confidence medium
United States v. Hatley, 15 F.3d 856, 859 (9th Cir. 1994).
cited Cited as authority (rule) United States v. Jose Romero-Payan
9th Cir. · 2017 · confidence medium
See U.S.S.G. § 3B1.2 cmt. n.3(C); United States v, Hatley, 15 F.3d 856, 859-60 (9th Cir. 1994).
discussed Cited as authority (rule) United States v. Feng Xian
9th Cir. · 2015 · confidence medium
As we may affirm for any reason supported by the record, Serrano v. Francis, 345 F.3d 1071, 1076-77 (9th Cir.2003), we hold the search constitutional under the “vehicle exception” to the warrant requirement, see United States v. Hatley, 15 F.3d 856, 858-59 (9th Cir.1994).
discussed Cited as authority (rule) Roger Trent v. Steven Wade
5th Cir. · 2015 · confidence medium
See, e.g., United States v. Blaylock, 535 F.3d 922, 925-27 (8th Cir.2008); United States v. Hines, 449 F.3d 808, 813-15 (7th Cir.2006); United States v. Brookins, 345 F.3d 231, 237 (4th Cir.2003); United States v. Hatley, 15 F.3d 856, 858-59 (9th Cir.1994).
discussed Cited as authority (rule) United States v. Lomando Scott (2×)
9th Cir. · 2012 · confidence medium
Because this exception is justified by the exigency created by the inherent mobility of vehicles as well as the relatively minimal expectation of privacy that exists with respect to automobiles, California v. Carney, 471 U.S. 386, 391 , 105 S.Ct. 2066 , 85 L.Ed.2d 406 (1985), the applicability of the automobile exception does not turn on whether the car’s owner or driver has already been taken into custody or the risk of mobility has otherwise been eliminated, see United States v. Johns, 469 U.S. 478, 487-88 , 105 S.Ct. 881 , 83 L.Ed.2d 890 (1985) (upholding a search of packages seized from …
discussed Cited as authority (rule) United States v. Goncalves
1st Cir. · 2011 · confidence medium
United States v. Blaylock, 535 F.3d 922, 925-27 (8th Cir.2008), cert. denied, - U.S. -, 130 S.Ct. 58 , 175 L.Ed.2d 46 (2009); United States v. Hines, 449 F.3d 808, 810-15 (7th Cir.2006); United States v. Hatley, 15 F.3d 856, 858-59 (9th Cir. 1994). 4 .
cited Cited as authority (rule) United States v. Deel
9th Cir. · 2009 · confidence medium
United States v. Hatley, 15 F.3d 856, 858-59 (9th Cir.1994).
cited Cited as authority (rule) United States v. Deel
9th Cir. · 2009 · confidence medium
United States v. Hatley, 15 F.3d 856, 858-59 (9th Cir.1994).
cited Cited as authority (rule) United States v. Grote
E.D. Wash. · 2009 · confidence medium
United States v. Hatley, 15 F.3d 856, 858 (9th Cir.1994). 2 .
discussed Cited as authority (rule) Commonwealth of Virginia v. Carlton M. Grimes, Jr.
Va. Ct. App. · 2009 · confidence medium
“It would be unduly burdensome to require the police to establish that every car that appeared to be mobile was indeed mobile before making the search.” United States v. Hatley, 15 F.3d 856, 859 (9th Cir. 1994), cited with approval in 3 LaFave, supra, § 7.2(b), at 554 n.69.
discussed Cited as authority (rule) Redding v. Safford Unified School District
9th Cir. · 2008 · confidence medium
See Phaneuf v. Fraikin, 448 F.3d 591, 597 (2d Cir. 2006); United States v. Hartz, 458 F.3d 1011 , 1017–18 (9th Cir. 2006); United States v. Hatley, 15 F.3d 856, 859 (9th Cir. 1994). 9 When Beeman followed up with Redding’s mother, she “simply dis- missed the account by saying that Savana would not have been involved.” The majority seems to give full credit to this statement.
discussed Cited as authority (rule) Redding v. Safford Unified School Dist. No. 1 (2×)
9th Cir. · 2008 · confidence medium
See Phaneuf v. Fraikin, 448 F.3d 591, 597 (2d Cir.2006); United States v. Hartz, 458 F.3d 1011, 1017-18 (9th Cir.2006); United States v. Hatley, 15 F.3d 856, 859 (9th Cir.1994).
discussed Cited as authority (rule) Hilton v. State
Fla. · 2007 · confidence medium
Saucier v. Katz, 533 U.S. 194 , 205, 121 S.Ct. 2151 , 150 L.Ed.2d 272 (2001); United States v. Garcia-Acuna, 175 F.3d 1143, 1147 (9th Cir.1999); United States v. Lang, 81 F.3d 955, 966 (10th Cir.1996); United States v. Shareef, 100 F.3d 1491, 1503 (10th Cir.1996); United States v. Hatley, 15 F.3d 856, 859 (9th Cir.1994); United States v. Gonzalez, 969 F.2d 999, 1006 (11th Cir. 1992).
discussed Cited as authority (rule) United States v. Paredes
D. Haw. · 2005 · confidence medium
As the Ninth Circuit explained in United States v. Hatley, 15 F.3d 856, 858 (9th Cir.1994), there are two basic principles underlying the automobile exception: “First, automobiles are mobile and can be moved quickly outside the jurisdiction of the magistrate from whom the warrant must be sought.
discussed Cited as authority (rule) United States v. Chanthasouxat
11th Cir. · 2003 · confidence medium
Saucier v. Katz, 533 U.S. 194 , 205, 121 S.Ct. 2151 , 2158, 150 L.Ed.2d 272 (2001); United States v. Garcia-Acuna, 175 F.3d 1143, 1147 (9th Cir.1999); United States v. Lang, 81 F.3d 955, 966 (10th Cir.1996); United States v. Shareef 100 F.3d 1491, 1503 (10th Cir.1996); United States v. Hatley, 15 F.3d 856, 859 (9th Cir.1994); United States v. Gonzalez, 969 F.2d 999, 1006 (11th Cir.1992).
cited Cited as authority (rule) United States v. Rascon-Rascon
9th Cir. · 2003 · confidence medium
We review for clear error the district court’s denial of a mitigating role adjustment under U.S.S.G. § 3B1.2, United States v. Hatley, 15 F.3d 856, 859-60 (9th Cir.1994), and we affirm.
cited Cited as authority (rule) United States v. Mariano Murillo
9th Cir. · 2001 · confidence medium
United States v. Hatley, 15 F.3d 856, 859-60 (9th Cir.1994).
discussed Cited as authority (rule) United States of America,plaintiff-Appellee v. Armando Lopez-Soto
9th Cir. · 2000 · confidence medium
As the Supreme Court has explained, “what is generally demanded of the many factual determinations that must regularly be made by agents of the government ... is not that they always be correct, but that they always be reasonable.” Illinois v. Rodriguez, 497 U.S. 177, 185 , 110 S.Ct. 2793 , 111 L.Ed.2d 148 (1990); see also, e.g., United States v. Garcia-Acuna, 175 F.3d 1143, 1147 (9th Cir.1999) (basing reasonable suspicion determination in part on factually erroneous, but reasonable, belief that license plate displayed by stopped vehicle did not belong to it); United States v. Hatley, 15 F…
discussed Cited as authority (rule) United States v. Francisco Torres-Morales (2×) also: Cited "see"
9th Cir. · 1998 · confidence medium
We review the denial of a downward adjustment under section 3B1.2(b) for clear error, see United States v. Hatley, 15 F.3d 856, 859-60 (9th Cir.1994), and we affirm. 3 The record below demonstrates that Torres-Morales knew that he was carrying drugs and admitted he had been given money to pay the source for the heroin.
discussed Cited as authority (rule) United States v. Christine Marie Riser
9th Cir. · 1997 · confidence medium
III. 8 "Law enforcement officers are entitled to search an automobile without first obtaining a warrant in those cases where the police 'have probable cause to believe that an automobile contains evidence of a crime....' " United States v. Hatley, 15 F.3d 856, 858 (quoting United States v. Alvarez, 899 F.2d 833, 839 (9th Cir.1990)).
discussed Cited as authority (rule) United States v. Markham David Bond (2×) also: Cited "see"
9th Cir. · 1997 · confidence medium
However, in United States v. Hatley, this court applied the exception in a virtually identical situation. 15 F.3d 856, 858-59 (9th Cir.1994).
cited Cited as authority (rule) United States v. Jaime Gomez Nava, Reyna Morales, Jose Delgado-Flores, Jose Fonseca-Contreras
9th Cir. · 1997 · confidence medium
United States v. Hatley, 15 F.3d 856, 860 (9th Cir.1994).
cited Cited as authority (rule) United States v. Aziz Sharrieff, United States of America v. Trina Devay Harper, United States of America v. Carlos Munoz
9th Cir. · 1996 · confidence medium
United States v. Hatley, 15 F.3d 856, 859-60 (9th Cir.1994).
discussed Cited as authority (rule) United States v. Wesley
W.D.N.Y. · 1996 · confidence medium
See United States v. Harwood, 998 F.2d 91, 96-97 (2d Cir.) (search of van at police command post several hours after it was seized was justified under automobile exception), cert. denied, — U.S. -, 114 S.Ct. 456 , 126 L.Ed.2d 388 (1993); United *85 States v. Hatley, 15 F.3d 856, 858-59 (9th Cir.1994) (automobile exception applied to inoperable ear that appeared to be operable at time of search); Martin, 806 F.2d at 207 (truck parked on street fell within automobile exception because neither defendant was in custody, and truck was readily available for use).
discussed Cited as authority (rule) Speight v. United States
D.C. · 1996 · confidence medium
The Supreme Court has not yet addressed the question presented here: whether the police may conduct a warrantless search of an unoccupied, operable vehicle lawfully parked on a public street based on probable cause to believe the vehicle contains evidence of a crime. 7 A number of federal circuit courts of appeals, however, recently have sustained such searches. 8 See United States *452 v. Reed, 26 F.3d 523, 530 (5th Cir.1994), cert. denied — U.S. -, 115 S.Ct. 1116 , 130 L.Ed.2d 1080 (1995) (holding exigent circumstances justified warrantless search of vehicle parked in driveway); United Sta…
discussed Cited as authority (rule) United States v. Phillip J. Robbins (2×) also: Cited "see"
9th Cir. · 1995 · confidence medium
United States v. Hatley, 15 F.3d 856, 858 (9th Cir.1994).
discussed Cited as authority (rule) United States v. Shah Mahmund Durrani (2×) also: Cited "see"
9th Cir. · 1995 · confidence medium
B, intro. comment.; United States v. Hatley, 15 F.3d 856, 859 (9th Cir.1994); see U.S.S.G.
cited Cited as authority (rule) United States v. Colleen M. Barcus, United States of America v. Norma A. Gilham
9th Cir. · 1995 · confidence medium
Arkansas v. Sanders, 442 U.S. 753, 760 (1979); United States v. Hatley, 15 F.3d 856, 858 (9th Cir. 1994).
cited Cited as authority (rule) United States v. Paul Daniel Swearingen, Jeffrey Scott Campbell, Kevin John Ruska, Jr.
9th Cir. · 1995 · confidence medium
United States v. Hatley, 15 F.3d 856, 858 (9th Cir. 1994).
examined Cited as authority (rule) United States v. Dary Ray Adway (3×) also: Cited "see"
9th Cir. · 1995 · confidence medium
United States v. Hatley, 15 F.3d 856, 860 (9th Cir. 1994).
cited Cited as authority (rule) United States v. Teofilo Monjardin Lopez, United States of America v. Witaliy Samoiliw
9th Cir. · 1994 · confidence medium
In U.S. v. Hatley, 15 F.3d 856, 858-59 (9th Cir.1994), we upheld the search of an inoperable car parked on appellant's property as within the vehicle exception.
cited Cited as authority (rule) United States v. Noe Barajas Baltazar
9th Cir. · 1994 · confidence medium
United States v. Hatley, 15 F.3d 856, 860 (9th Cir.1994). 21 A defendant is entitled to a two level reduction as a minor participant under U.S.S.G.
cited Cited as authority (rule) United States v. George Benitez Javier Ramirez Jose Camilo Lizarraga
9th Cir. · 1994 · confidence medium
United States v. Hatley, 15 F.3d 856, 860 (9th Cir.1994).
discussed Cited as authority (rule) United States v. Daniel Robert Kearney
9th Cir. · 1994 · confidence medium
United States v. Hatley, 15 F.3d 856, 859-60 (9th Cir.1994). 4 Section 3B1.2(b) provides for a two-level downward adjustment for a minor participant, defined as a defendant less culpable than most other participants, but whose role could not be described as minimal.
discussed Cited "see" Brokenwings v. Commissioner of Social Security
W.D. Wash. · 2019 · signal: see · confidence high
See Rollins, 261 15 F.3d at 856 (affirming ALJ’s rejection of doctor’s opinion of total disability where doctor 16 “prescribed a conservative course of treatment”). 17 The ALJ acknowledged “degenerative changes in the spine” but found that Plaintiff had 18 “only benign” neck and low back examination findings, and had only received conservative care 19 for her spine.
cited Cited "see" State v. Kirk Julliard Gosch
Idaho Ct. App. · 2014 · signal: see · confidence high
See United States v. Hatley, 15 F.3d 856, 859 (9th Cir.1994); United States v. Hepperle, 810 F.2d 836, 840 (8th Cir.1987).
cited Cited "see" United States v. Davis
D. Or. · 2011 · signal: see · confidence high
See United States v. Hatley, 15 F.3d 856, 859 (9th Cir.1994) (holding that the automobile exception applies to inoperable cars that reasonably appear mobile to the officers).
cited Cited "see" United States v. Griffin
9th Cir. · 2001 · signal: see · confidence high
See United States v. Hatley, 15 F.3d 856 (9th Cir.1994).
discussed Cited "see" United States v. Owens (2×)
C.A.A.F. · 1999 · signal: see · confidence high
See United States v. Hatley , 15 F.3d 856, 859 (9 th Cir. 1994); United States v. Hepperle , 810 F.2d 836, 840 (8 th Cir.), cert. denied , 483 U.S. 1025 , 107 S.Ct. 3274 , 97 L.
discussed Cited "see" UNITED STATES of America, Plaintiff-Appellant, v. Burdetto Bernardo GARCIA-ACUNA, Defendant-Appellee
9th Cir. · 1999 · signal: see · confidence high
In this case, the report of a mismatch turned out to be erroneous. “ ‘A mistaken premise can furnish grounds for a Terry stop, if the officers do not know that it is mistaken and are reasonable in acting upon it.’ ” United States v. Shareef, 100 F.3d 1491, 1505 (10th Cir.1996) (quoting United States v. Ornelas-Ledesma, 16 F.3d 714, 718 (7th Cir.1994), vacated on other gnds., 517 U.S. 690 (1996)); see United States v. Hatley, 15 F.3d 856, 859 (9th Cir.1994) (holding that the search of a car later determined to be inoperable was reasonable under the “vehicle exception” to the warrant…
cited Cited "see" Solahart Industries Pty., Ltd. v. International Ass'n of Plumbing and Mechanical Officials
9th Cir. · 1998 · signal: see · confidence high
See United States v. Hatley, 15 F.3d 856, 859-60 (9th Cir.1994) (standard of review).
discussed Cited "see" United States v. Phillip Lee Goyne
9th Cir. · 1997 · signal: see · confidence high
See United States v. Hatley, 15 F.3d 856, 858 (9th Cir.1994). 4 Goyne next argues that the district court erred when it failed to properly determine the type of methamphetamine found in his car prior to imposing sentence.
UNITED STATES of America, Plaintiff-Appellee,
v.
Ralph HATLEY, Defendant-Appellant
92-30126.
Court of Appeals for the Ninth Circuit.
Feb 1, 1994.
15 F.3d 856
Des Connall and Wayne Mackeson, Portland, OR, for the defendant-appellant., Fred N. Weinhouse, Assistant United States Attorney, Portland, OR, for the plaintiff-appellee.
Nelson, Trott.
Cited by 64 opinions  |  Published

ORDER

The opinion filed in this case on July 8, 1993, 999 F.2d 392, is ordered withdrawn. In its place, the opinion that follows is ordered filed.

OPINION

TROTT, Circuit Judge:

Ralph G. Hatley appeals his conviction for three counts of distribution of cocaine and one count of possession with intent to distribute cocaine in violation of 21 U.S.C. § 841(a)(1) (1988). Hatley alleges on appeal that a search by police officers of an automobile that turned out to be inoperable violated his Fourth Amendment rights, and that the fruits of that search should therefore have been suppressed. Hatley also contends he was entitled to a two-level reduction under the Sentencing Guidelines for being a minor participant. United States Sentencing Commission, Guidelines Manual, § 3B1.2 (Nov. 1991).

The district court heard pretrial motions on December 12, 1991 and denied appellant’s motion to suppress evidence. Appellant waived his right to a jury trial and the case was tried to the court on stipulated facts. The district court found appellant guilty on all four counts and sentenced him to 51 months in prison based on a Guideline range of 51 to 63 months.

I

An informant purchased one-sixteenth ounce of cocaine from appellant on three separate occasions. Following the three “controlled buys,” the informant arranged to purchase one-half pound of cocaine from the appellant for $6,900.00. Appellant and the[*858] informant agreed that the appellant would deliver the cocaine to the informant’s house on September 11, 1991.

Law enforcement officers surveilled appellant’s residence and observed appellant retrieve a box from one of his cars, a Honda. Appellant took this box into his residence. He then returned outside to retrieve a second box from another of his cars parked in the driveway, a Corvair.

Following a telephone call from the informant to the appellant finalizing the details of the purchase, the officers observed appellant leave the residence with the two boxes. He placed one box in the Corvair and the second box in the Honda. Appellant then drove the Honda away from the house.

The officers stopped appellant, took him back to his home, and advised him of his Miranda rights. After a discussion with Deputy Sheriff Susan Lambert in which she inappropriately threatened to take appellant’s child into custody, appellant signed a consent form for police to search the two cars. Without a search warrant, law enforcement officers then seized eight ounces of cocaine from a closed container in appellant’s Honda and 19 ounces of cocaine from a closed container in the Corvair. The Corvair was parked in the driveway of appellant’s residence and according to appellant’s testimony had been inoperable for four months. The officers were not aware that the Corvair was inoperable at the time they searched it.

In connection with a motion to suppress evidence seized from the automobiles, the district court held that because appellant believed his child would be taken into custody if he refused to consent to the search, the consent was not voluntary. The record fully supports this conclusion. Deputy Lambert’s manifestly improper behavior rendered defective the signed consent form as a basis for the admissibility of anything found in the defendant’s cars. The court correctly held, however, that probable cause existed to search the cars independent of Deputy Lambert’s misconduct, and the disputed evidence was admitted for all purposes. See United States v. Parr, 843 F.2d 1228, 1232 (9th Cir.1988) (“police who have legitimately stopped an automobile and who have probable cause to believe that contraband is concealed within the car may make a probing search of compartments and containers.”); see also California v. Carney, 471 U.S. 386, 390, 105 S.Ct. 2066, 2068, 85 L.Ed.2d 406 (1985) (vehicles subject to different treatment than fixed buildings); Murray v. United States, 487 U.S. 533, 537, 108 S.Ct. 2529, 2533, 101 L.Ed.2d 472 (1988) (“ ‘[T]he interest of society in deterring unlawful police conduct and the public interest in having juries receive all probative evidence of a crime are properly balanced by putting the police in the same, not a worse, position that they would have been in if no police error or misconduct had occurred_’ ” (quoting Nix v. Williams, 467 U.S. 431, 443, 104 S.Ct. 2501, 2508, 81 L.Ed.2d 377 (1984))).

II

Appellant contends the district court erred in refusing to suppress the cocaine seized from the Corvair. He argues that the vehicle exception does not apply because the Corvair was inoperable and on his property at the time of the search. The issue of the lawfulness of an automobile search is a mixed question of fact and law which is reviewed de novo. United States v. Vasey, 834 F.2d 782, 785 (9th Cir.1987).

Law enforcement officers are entitled to search an automobile without first obtaining a warrant in those cases where the police “have probable cause to believe that an automobile contains evidence of a crime ...” United States v. Alvarez, 899 F.2d 833, 839 (9th Cir.1990), cert. denied, 498 U.S. 1024, 111 S.Ct. 671, 112 L.Ed.2d 663 (1991). This “vehicle exception” to the warrant requirement is founded on two basic principles. First, automobiles are mobile and “can be moved quickly outside the jurisdiction of the magistrate from whom the warrant must be sought.” United States v. Hamilton, 792 F.2d 837, 842 (9th Cir.1986) Second, “the expectation of privacy in one’s vehicle is reduced by the pervasive regulations governing vehicles capable of traveling upon public roads.” Id.

Though we have never addressed the precise issue of whether the vehicle exception[*859] applies to an inoperable vehicle,.we have explicitly held that the vehicle exception applies to a search of a vehicle parked on a private driveway. Hamilton, 792 F.2d at 843. In Hamilton, police searched a motor home that was parked in a residential driveway. The motor home was attached to the home’s electric utilities by an extension cord. Id. at 843. The Hamilton court suggested several factors which bear on whether or not a vehicle comes within the automobile exception for Fourth Amendment purposes: “its location, whether the vehicle is readily mobile or instead, for instance, elevated on blocks, whether the vehicle is licensed, whether it is connected to utilities, and whether it has convenient access to a public road.” Id. (quoting California v. Carney, 471 U.S. at 394 n. 3, 105 S.Ct. at 2071 n. 3 (1985)).

With the exception of “whether the vehicle is readily mobile,” the factors set forth in Carney and Hamilton indicate that the vehicle exception to the warrant requirement applies to the Corvair. The car was not connected to utilities, and “[b]ecause it was located in a residential driveway, it had easy access to a public road.” Id.

Though the Corvair was not actually mobile, it was apparently mobile. There was nothing apparent to the officers to suggest the car was immobile. It was not up on blocks, and there is no information in the record to indicate the tires were flat or that wheels of the car were missing. In matters of search and seizure, we apply an objective test of reasonableness: would the facts available to the officer at the moment warrant a person of reasonable caution to believe that the car was operable? Illinois v. Rodriguez, 497 U.S. 177, 188, 110 S.Ct. 2793, 2801, 111 L.Ed.2d 148 (1990). As the Supreme Court held in Rodriguez:

[t]o satisfy the ‘reasonableness’ requirement of the Fourth Amendment, what is generally demanded of the many factual determinations that must regularly be made by agents of the government— whether the magistrate issuing the warrant, or the police officer executing a warrant, or the police officer conducting a search or seizure under one of the exceptions to the warrant requirement — is not that they always be correct, but that they always be reasonable.

497 U.S. at 185, 110 S.Ct. at 2799 (emphasis added).

It would be unduly burdensome to require the police to establish that every car that appeared to be mobile was indeed mobile before making the search. We therefore hold, as the Eighth Circuit has, that the Fourth Amendment does not require that officers ascertain the actual functional capacity of a vehicle in order to satisfy the exigency requirement. United States v. Hepperle, 810 F.2d 836, 840 (8th Cir.) cert. denied, 483 U.S. 1025, 107 S.Ct. 3274, 97 L.Ed.2d 772 (1987). In this case, the Fourth Amendment’s reasonableness requirement was met because the officers reasonably believed the car was mobile.

Ill

Appellant argues the district court erred in refusing to consider him a minor participant for purposes of sentencing. The Sentencing Guidelines permit a two-level reduction if the court finds the defendant was a minor participant in the offense. U.S.S.G. § 3B1.2. A minor participant is any participant who is less culpable than most other participants, but whose role could not be described as minimal. Section 3B1.2 provides:

Based on the defendant’s role in the offense, decrease the offense level as follows:
(a) If the defendant was a minimal participant in any criminal activity, decrease by 4 levels.
(b) If the defendant was a minor participant in any criminal activity, decrease by 2 levels. In cases falling between (a) and (b), decrease by 3 levels.

U.S.S.G. § 3B1.2.

In determining whether a defendant was a minimal or a minor participant in any criminal activity, a district court sentencing a defendant after November 1, 1990 shall consider all conduct within the scope of § 1B1.3 (Relevant Conduct), not just conduct cited in the count of conviction. United States v. Webster, 996 F.2d 209 (9th Cir.1993). The issue of whether a defendant is a minor or minimal participant.in a criminal[*860] offense under the particular facts of the offense is reviewed for clear error. United States v. Zweber, 913 F.2d 705, 708 (9th Cir.1990). The district court’s legal interpretation of the Guidelines is reviewed de novo. Id.

In the instant case, the district court did not have the benefit of Webster before determining that Hatley was not entitled to be considered a “minor participant.” Consequently, there is much discussion in the record about whether the court was permitted to consider the comparative activities of his unindicted partner in crime, Valdez. However, it is clear from the record that the court did not limit the scope of the inquiry to the count of conviction. The court’s conclusion that the defendant was not a minor participant was amply supported under any test. The presentence report stated:

[T]here is no information from official reports which would suggest that role adjustments are appropriate in this case.... In the current offense, the defendant was involved in three controlled cocaine buys which culminated in the defendant’s arrest shortly after he agreed to supply a CRI with one half pound of cocaine. A search of the defendant, his residence, and his car subsequent to his arrest resulted in the seizure of over 700 grams of cocaine, a weapon, and currency which the defendant admitted was proceeds from cocaine sales. Defense counsel argues that the codefend-ant was involved in ‘fairly high level’ cocaine distribution, but his participation in the current offense appears limited to having been in the defendant’s apartment at the time the search warrant was served.

Presentence Report, Addendum, p. 2. On the basis of these facts, we hold the district court’s conclusion that appellant was not a minor participant was fully justified.

On the basis of the foregoing, we hold the police search of Hatley’s apparently mobile Corvair did not violate Hatley’s Fourth Amendment rights. We also hold the district court correctly determined that Hatley was neither a minimal nor a minor participant in the drug trafficking events resulting in his conviction. Accordingly, the district court’s judgment and sentence are AFFIRMED.