Submitted: November 17, 2017
from United States District Court for the District of
Nebraska - Omaha
BENTON, SHEPHERD, and KELLY, Circuit Judges.
SHEPHERD, Circuit Judge.
Jesus Garcia appeals the district court's denial of his
motion to suppress evidence of the methamphetamine that
Investigator Mark Plowman found in Garcia's luggage.
Garcia argues that the initial encounter with Investigator
Plowman was not consensual and constituted an unlawful
seizure. He further argues that he did not consent to
Investigator Plowman searching his bag, so the search was
also unlawful. We disagree and affirm the district
court's denial of Garcia's motion to suppress.
4, 2015, Garcia was aboard an Amtrak train at the Omaha,
Nebraska station destined for Chicago. Investigator Plowman
and another officer were on patrol at the station, and they
had a tip that there would be a male passenger who may be
transporting illegal items. The investigators boarded the
train to look for abnormal luggage. The entire encounter
leading up to Garcia's arrest was less than four minutes,
and the following is a transcript and description of the
exchange as it was captured on Investigator Plowman's
Plowman approached Garcia and stood in the aisle next to
Plowman: Excuse me, sir?
Plowman: My name is Mark Plowman, investigator with the state
patrol. No problems, okay, you're not under arrest or
anything like that. Do you have a moment to talk to me?
Plowman: Do you have your ticket with you by chance?
Garcia began looking for his ticket.
Plowman: Okay. You're going to Chicago?
Garcia: Yes sir.
Garcia found his ticket and handed it to Investigator
Plowman: Alright, I've got to put my eyes on. I
can't see without my. . .
Garcia: Oh that's the receipt. That's the ticket.
Plowman: Okay. And you're Ramon. . .
Garcia: Ramon Santos.
Plowman: Santos. Okay. Ah you're supposed, okay, alright
you're coming from Roseville?
Plowman: Where's home? Chicago or Roseville?
Garcia: I'm going to Chicago to visit my cousin.
Plowman: Uh huh.
Garcia: I haven't seen him for two ...