U.S. Court of Appeals for the Fifth Circuit, 2006

United States v. Rodriguez

United States v. Rodriguez
U.S. Court of Appeals for the Fifth Circuit · Decided September 13, 2006 · King, Higginbotham, Garza
200 F. App'x 304

United States v. Rodriguez

Opinion

PER CURIAM: *

*305 After a bench trial, the district court convicted Pastor Santiago Rodriguez of possession with intent to distribute cocaine. Rodriguez appeals, contending that the court erred by denying his motion to suppress the cocaine. He argues that the search that discovered the cocaine under the intake manifold of his engine exceeded the scope of his consent to search his vehicle.

Because Rodriguez did not place any limitations on his consent to the search, he had no reasonable cause for believing the search would be somehow limited. See United States v. Mendoza-Gonzalez, 318 F.3d 663, 667 (5th Cir. 2003). Moreover, Rodriguez consented to the dog’s sniff of the vehicle, which provided probable cause to search the engine area where the dog indicated there was contraband. See United States v. Williams, 69 F.3d 27, 28 (5th Cir. 1995).

The search did not exceed the scope of Rodriguez’s consent and was further supported by probable cause. The judgment of the district court is

AFFIRMED.

*

Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be *305 published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.

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