Page 26 - Jan Feb TPA Journal

Therefore, in considering the evidence supporting that radio, Agent Cardiel alerted other agents in the area.
conviction, we must determine whether “any Agent Oscar Pinon heard the notification about
rational trier of fact could have found the essential the sensor and the hoof prints. Entering Interstate 10
elements of the crime beyond a reasonable doubt.” A at mile marker 78, Agent Pinon drove east toward
jury is free to choose among any reasonable mile marker 81, the point toward which the horses
construction of the evidence and we will not second- appeared to be traveling. It was pitch dark at that hour
guess the jury’s reasonable determinations of of the morning, and there was no lighting in that
evidentiary weight and witness credibility. section of roadway. Agent Pinon saw the brake lights
To prove that Williams distributed cocaine, the of a vehicle on the shoulder of the interstate parked
government had to prove that she “(1) knowingly (2) near mile marker 81, directly north of where Agent
distributed (3) the controlled substance.” The video Cardiel found the hoof prints and exactly where
of the controlled buy, plus testimony from the Agent Cardiel said the horses were headed. As Agent
cooperating witness who filmed it, Detective Sedillo, Pinon approached, the vehicle entered Interstate 10,
and a forensic scientist, gave the jury sufficient exited almost immediately, turned around on an
evidence to find beyond a reasonable doubt that overpass, and began heading westbound on Interstate
Williams knowingly distributed cocaine. 10 toward Fort Hancock. Agent Pinon crossed the
median and began following the vehicle, a white
U.S. v. Williams, unpublished, No. 19-5006, 5 th Dodge pickup. He activated his emergency lights,
called dispatch to request a check on the license plate,
th
Cir. Sept. 28 , 2020.
and learned the truck was registered to someone in
Fort Hancock.
**************************************** After following the truck for several miles, Agent
**************************************
Pinon pulled the truck over. A strong odor of
marijuana wafted from the vehicle, and Agent Pinon
asked Zamora for permission to search the truck.
Zamora consented to the search and informed Agent
REASONABLE SUSPICION – TRAFFIC
Pinon before his search began that there were drugs
STOP – DRUG ARREST.
in the truck. Agent Pinon discovered 73.68 kilograms
of marijuana in the bed of the truck and arrested
Sergio Zamora appeals his conviction for
Zamora.
possession of marijuana with intent to distribute on During the evidentiary hearing, Agent Pinon
the ground that the Border Patrol agent who testified that the following facts contributed to his
conducted the traffic stop that led to his arrest lacked
suspicion that criminal activity was afoot. The area
reasonable suspicion in violation of the Fourth
Agent Pinon first saw Zamora is in close proximity to
Amendment. Zamora argues that the district court
the border and is a known corridor for narcotics and
erred by denying his motion to suppress evidence alien smuggling. The time of day—5:00 a.m.—meant
seized as a result of the stop. Finding no error, we that it was very dark, and it was close to a shift
AFFIRM.
change. In Agent Pinon’s experience, the timing was
The relevant facts are undisputed. Early one
significant because smugglers often try to take
morning in August 2018,a few minutes before 5:00
advantage of shift changes because of the increased
a.m., a sensor deployed by the United States Border delay in the agents’ response time. Zamora’s vehicle
Patrol to detect activity along the border went off. was parked directly north of where the hoofprints
The sensor wasapproximately 10 miles east of the
were headed.1 Agent Pinon explained that smugglers
Fort Hancock, Texas, port of entry. At 5:05 a.m.,
frequently use this section of Interstate 10 to load
Agent Robert Cardiel responded to the area of the
vehicles with smuggled drugs or people.
sensor activation and discovered two sets of horse Typically, smugglers turn around and drive west after
prints heading north from the US/Mexico border. This loading in order to avoid a Border Patrol checkpoint
section of the border and Interstate 10 run roughly
to the east. Pickup trucks are easy to load, and
parallel, between two and three miles apart. Using his
white is a color commonly used by drug smugglers in

Jan.-Feb. 2021 www.texaspoliceassociation.com • (512) 458-3140 23