Page 31 - TPA Journal January February 2025
P. 31
Central Daylight Time. This means that the inter- EVIDENCE – possession of drugs with intent to
nal clock for the camera was an hour ahead of distribute.
the actual time the photos were taken. This
would mean that the first photo was taken at 9:18 Victor Campos-Ayala and Martin Moncada-De La
a.m. (11 minutes after the search warrant was Cruz were found guilty by a jury of possession
approved). While this may be a close question as with intent to distribute one hundred kilograms or
a matter of first impression, we cannot say it was more of marihuana. They appealed. Finding the
clear error for the district court to credit the gov- evidence insufficient, a panel, over a dissent,
ernment’s version of events. reversed. This court granted en banc rehearing,
thus vacating the panel opinion. Because the evi-
Regardless, Jefferson does not clear the bar to dence is sufficient, and there is no other reversible
obtaining a Franks hearing. Franks hearings error, we affirm the judgments of conviction.
require that the defendant show “deliberate false-
hood” or a “reckless disregard for the truth” on The day after aliens Campos and Moncada
the part of the officers. That showing must point crossed illegally from Mexico, they were given a
out ride for a considerable distance in a car that con-
tained no contraband. Before reaching their desti-
what part of the warrant affidavit is false. nation, the driver dropped them off at a roadside
“Affidavits or sworn or otherwise reliable state- park, promising to return. When he did so about
ments of witnesses should be furnished, or their thirty minutes later, the car was packed full of
absence satisfactorily explained.” The district large bundles of marihuana. The defendants
court found that none of this took place. “Indeed, helped rearrange the bundles to provide room to
defendant has not pointed to any concrete evi- ride in the crowded vehicle.
dence that could demonstrate the affiant’s delib-
erate falsehood or reckless disregard for the Troopers, who stopped the vehicle, discovered the
truth.” Nowhere in the record does Jefferson passengers and the marihuana. In addition to the
provide any sworn statements. He only points to defendants, the occupants included the driver—a
the timestamps and other misstatements. male juvenile—and another passenger with her
child.
(sentencing discussion omitted)
The juvenile driver was immediately taken away
For the foregoing reasons, both Jefferson’s con- in handcuffs. The defendants were questioned at
viction and sentence are AFFIRMED. the scene by Border Patrol agents, then taken to a
station, where they were interrogated by DEA
U.S. v. Jefferson, No. 22-30690, 5 th Cir. Dec. agents. The panel majority helpfully set forth its
21, 2023. recitation of the salient details:
****************************************
*************** Agent Ramos asked Campos-Ayala and Moncada-
De La Cruz, “Do you know what you’re on?” One
of them responded, “uh” or “no.” Agent Ramos
asked, “the weed, right” or “that’s marijuana,” to
which one of them nodded in the affirmative and
the other state[d], “yes.”
Campos-Ayala and Moncada-De La Cruz were
removed from the vehicle shortly after. While
Jan.-Feb. 2025 www.texaspoliceassociation.com • (512) 458-3140 31
