United States v. Pedro Moreno, Carlos Libreros
897 F.2d 26, 1990 U.S. App. LEXIS 2174 (1990)
Premium Feature
Subscribe to Lexplug to listen to the Case Podcast.
Rule of Law:
Under the plain view doctrine, a warrantless seizure of an item is permissible when an officer is lawfully present, the discovery is inadvertent, and the officer has probable cause to believe the item is contraband based on the totality of the circumstances, including the item's appearance, the suspect's behavior, and the officer's training and experience.
Facts:
- DEA Agents Kevin Mancini and Marvin Siegel approached Pedro Moreno and Carlos Libreros as they exited an apartment building together.
- Libreros was carrying a white plastic bag.
- When Agent Siegel identified himself and asked to speak with Libreros, Libreros became 'visibly shaken,' fidgeted, and moved the bag from hand to hand.
- In response to Siegel's question about the bag's contents, Libreros stated 'comida' (food) and voluntarily opened the bag.
- Siegel observed a brick-shaped package wrapped in brown paper and tape, which his experience led him to believe contained cocaine.
- Simultaneously, Moreno, while being questioned by Agent Mancini, acted nervously, gave a contradictory story about why he was at the building, and had a beeper go off.
- When Siegel brought Libreros and the seized package to Moreno, Moreno began shaking uncontrollably, denied knowing Libreros, and Libreros immediately fled.
- After being detained, Moreno consented to searches of his apartment and car.
Procedural Posture:
- Pedro Moreno and Carlos Libreros were charged with conspiracy to possess and possession with intent to distribute cocaine in the U.S. District Court for the Eastern District of New York.
- The defendants filed pretrial motions to suppress evidence, alleging Fourth Amendment violations.
- The district court held a suppression hearing and denied the defendants' motions.
- Following a trial, a jury found both defendants guilty.
- The defendants appealed from the judgments of conviction to the U.S. Court of Appeals for the Second Circuit.
Premium Content
Subscribe to Lexplug to view the complete brief
You're viewing a preview with Rule of Law, Facts, and Procedural Posture
Issue:
Does the plain view doctrine justify the warrantless seizure of a package when an experienced law enforcement officer develops probable cause to believe it contains contraband based on its distinctive packaging, combined with the suspect's extreme nervousness and an incredible explanation for its contents?
Opinions:
Majority - Mahoney, Circuit Judge
Yes. The warrantless seizure was justified under the plain view doctrine because all three conditions were met. First, the agent's initial intrusion was lawful as it was a consensual encounter in a public place. Second, the discovery was inadvertent because Libreros voluntarily opened the bag and displayed its contents. Third, there was probable cause to believe the item was contraband, based on the totality of the circumstances: Agent Siegel's sixteen years of experience, the package's distinctive shape and wrapping recognized as common for cocaine, Libreros's extreme nervousness, and his 'evidently false' statement that the bag contained food. The court also held that there was probable cause to arrest Moreno based on his mounting nervousness, contradictory statements, his attempt to disassociate from Libreros after the cocaine was revealed, and his physical companionship with Libreros, which amounted to more than 'mere presence.'
Dissenting - Pierce, Circuit Judge
No. The warrantless seizure was not justified because the agent lacked probable cause. The dissent argues that unlike in precedent cases, there was no 'particularized basis' to suspect Libreros of drug involvement prior to viewing the package itself. The agent's conclusion was based solely on the package's appearance and Libreros's nervousness, which is insufficient. The dissent further notes that Libreros's cooperation in stopping and opening the bag could be interpreted as a sign of innocence. The ruling comes 'uncomfortably close to holding that the mere viewing of a package of the type present here, by itself, constitutes probable cause,' thereby creating a dangerous precedent for Fourth Amendment protections.
Analysis:
This decision reinforces the significant weight courts give to law enforcement officers' training and experience in establishing probable cause under the 'totality of the circumstances' test. It clarifies that the incriminating nature of an object in plain view can be established not just by the object itself, but by the combination of its appearance and the suspect's contemporaneous, suspicious behavior. The dissent highlights a key tension in Fourth Amendment jurisprudence: the risk that relying heavily on officer experience and general characteristics of contraband packaging could erode the probable cause standard, potentially allowing seizures based on suspicion rather than concrete evidence.
Unlock the full brief for United States v. Pedro Moreno, Carlos Libreros