United States v. Rodriguez ( 2001 )

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 00-20911
Summary Calendar
UNITED STATES OF AMERICA
Plaintiff - Appellee
v.
MIGUEL ANGEL RODRIGUEZ, JR.
Defendant - Appellant
--------------------
Appeal from the United States District Court
for the Southern District of Texas
USDC No. H-00-CR-166-ALL
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October 3, 2001
Before KING, Chief Judge, and JOLLY and DAVIS, Circuit Judges.
PER CURIAM:*
Miguel Angel Rodriguez, Jr., challenges the district court’s
denial of his motion to suppress. Rodriguez contends that the
police did not have a reasonable suspicion to justify the stop of
the car in which he was riding and his subsequent arrest.
Rodriguez contends also that because he was unlawfully arrested,
the Government must show that the taint from the seizure was
purged in order for his inculpatory statement to have been
admissible.
*
Pursuant to 5TH CIR. R. 47.5, the court has determined
that this opinion should not be published and is not precedent
except under the limited circumstances set forth in 5TH CIR.
R. 47.5.4.
No. 00-20911
-2-
An officer may stop a motor vehicle and detain its occupants
for investigation provided that he has “a reasonable suspicion of
criminal activity.” United States v. Harrison, 918 F.2d 469, 472
(5th Cir. 1990) (citing Terry v. Ohio, 392 U.S. 1, 21-22 (1968)).
Officers conducting a lawful investigatory stop of a vehicle may
order the driver and the passengers to exit the vehicle pending
completion of the stop. Maryland v. Wilson, 519 U.S. 408, 414-15
(1997).
The police officers had received information dispatched via
police channels that provided a reasonable suspicion justifying
the investigatory stop and the order for Rodriguez to exit the
vehicle. See Wilson, 519 U.S. at 414-15; United States v.
Ibarra-Sanchez, 199 F.3d 753, 759 (5th Cir. 1999). The record
supports the determination that Rodriguez demonstrated signs of
intoxication and that the police officers acted reasonably in
arresting Rodriguez. See Tex. Penal Code Ann. § 49.02(a) (Vernon
1989).
Rodriguez stipulated at his bench trial that he knowingly
possessed an unregistered shotgun that was in good operating
condition and that had a barrel length of sixteen inches.
Rodriguez is bound by the terms of the stipulation. See United
States v. Alvarado Garcia, 781 F.2d 422, 428 (5th Cir. 1986).
The district court did not err in denying Rodriguez’s motion
to suppress. The judgment of the district court is AFFIRMED.