IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 98-40164
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellant,
versus
JOSE LUIS MARTINEZ,
Defendant-Appellee.
- - - - - - - - - -
Appeal from the United States District Court
for the Southern District of Texas
UDC No. V-96-CR-12-1
- - - - - - - - - -
December 10, 1998
Before WISDOM, DUHE’, and DeMOSS, Circuit Judges.
PER CURIAM:*
Jose Luis Martinez (Martinez) pleaded guilty to possession
of more than five kilograms of cocaine with the intent to
distribute. 21 U.S.C. § 841(a)(1). He appealed the denial of a
motion to suppress evidence, which he argued was obtained as the
result of an invalid traffic stop pursuant to the Fourth
Amendment prohibition against unreasonable searches and seizures.
The district court concluded that Martinez violated Tex.
Transp. Code Ann. § 502.404(a), failure to display a license
*
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that this opinion should not be published and is not precedent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. 98-40164
-2-
plate, providing probable cause for the traffic stop that led to
the discovery of illegal narcotics. Even assuming that the
traffic stop was not valid, the district court determined that
Martinez voluntarily consented to a search of his vehicle,
dissipating the taint of the alleged Fourth Amendment violation.
Assuming the initial stop was improper, Martinez voluntarily
consented to a search of the vehicle. His consent was
unsolicited; there was no evidence of police coercion; he was
told that he was free to go; and he was informed of his right to
refuse consent. In light of this court’s decision in United
States v. Kelley, 981 F.2d 1464, 1471-72 (5th Cir. 1993), these
particular circumstances demonstrate that Martinez’s consent was
in fact voluntary. See also Brown v. Illinois, 422 U.S. 590
(1975); United States v. Olivier-Becerril, 861 F.2d 424 (5th
Cir. 1988). Any defect in the initial traffic stop was cured by
the consent. See Kelley, 981 F.2d at 1470. Accordingly,
Martinez’s motion to suppress was properly denied.
AFFIRMED.