Case: 17-12805 Date Filed: 10/02/2018 Page: 1 of 12 [DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT ________________________ No. 17-12805 Non-Argument Calendar ________________________ D.C. Docket No. 4:16-cr-10017-JEM-1 UNITED STATES OF AMERICA, Plaintiff-Appellee, versus LAWRENCE W. BLESSINGER, Defendant-Appellant. ________________________ Appeal from the United States District Court for the Southern District of Florida ________________________ (October 2, 2018) Before MARTIN, NEWSOM, and BRANCH, Circuit Judges. PER CURIAM: Case: 17-12805 Date Filed: 10/02/2018 Page: 2 of 12 Lawrence W. Blessinger appeals his conviction for smuggling foreign citizens into the United States. He argues the evidence against him was obtained in violation of the Fourth Amendment. After careful review, we affirm. I. BACKGROUND A. FACTUAL BACKGROUND On December 5, 2014, Sergeant Joel Slough of the Monroe County Sherriff’s Office was driving on Coco Plum Drive in Marathon, Florida, in the Florida Keys. Coco Plum Drive is a spur off of US-1, the only road connecting the Florida Keys to the mainland. A number of short, dead-end roads connect to Coco Plum Drive, including Pescayo Avenue. Other than three vacation rental homes near the end of the street, no other properties are located on Pescayo Avenue. As he was driving by Pescayo Avenue, Sergeant Slough saw a black truck parked at the far end of street, past the rental houses. He patrolled the area every day, but rarely saw any vehicles parked on Pescayo Avenue. Sergeant Slough suspected the truck might be illegally dumping trash or other debris. He turned his vehicle around and pulled onto Pescayo Avenue. At that point the black truck was traveling up Pescayo Avenue toward Coco Plum Drive. As he passed the truck, Sergeant Slough saw the driver of the truck— Blessinger—waive to him. Once Sergeant Slough passed the truck, he drove until he was 100 to 150 feet from the end of Pescayo Avenue. From there he saw a six- 2 Case: 17-12805 Date Filed: 10/02/2018 Page: 3 of 12 foot tall pile “of green vegetation where the truck [had been] parked and it was surrounded by brown or dehydrated vegetation.” Sergeant Slough suspected the vegetation was recently cut yard clippings. The pile was on land Sergeant Slough believed was private property. Sergeant Slough turned his car around and followed the black truck. He activated his lights and caught up to the truck at the intersection of Coco Plum Drive and US-1. He easily identified the truck based on a distinctive orange stripe and the presence of a Harley-Davidson logo on the rear tailgate. The truck pulled over. As Sergeant Slough approached the truck on foot, he saw small pieces of fresh green vegetation on the tailgate and in the truck bed. Blessinger was driving the truck and had one passenger, Maria Ortega. Sergeant Slough asked both for identification, believing they were both involved in the illegal dumping. Ortega did not have any identification. She spoke only Spanish, so Sergeant Slough called for a translator from Border Patrol, believing them to be the closest ...
Original document
Source: All recent Immigration Decisions In All the U.S. Courts of Appeals