United States v. Rodriguez

* 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this opinion should not be published and is not precedent except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.
United States Court of Appeals
Fifth Circuit
F I L E D
September 13, 2006
Charles R. Fulbruge III
Clerk
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 05-51105
Summary Calendar
UNITES STATES OF AMERICA,
Plaintiff-Appellee,
versus
PASTOR SANTIAGO RODRIGUEZ,
Defendant-Appellant.
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Appeal from the United States District Court
for the Western District of Texas
USDC No. 4:05-CR-24-ALL
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Before KING, HIGGINBOTHAM, and GARZA, Circuit Judges.
PER CURIAM:*
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

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No. 05-51105
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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.

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