United States v. Conchas-Mancilla

── United States v. Conchas-Mancilla ── Court: Court of Appeals for the Fifth Circuit Date: April 16, 2026 Category: Direct Criminal United States Court of Appeals for the Fifth Circuit United States Court of Appeals Fifth Circuit ____________ FILED March 31, 2026 No. 25-40424 ____________ Lyle W. Cayce Clerk United States of America, Plaintiff—Appellee, versus Jesus Arturo Conchas-Mancilla, Defendant—Appellant. ______________________________ Appeal from the United States District Court for the Southern District of Texas USDC No. 7:23-CR-756-1 ______________________________ Before Richman, Duncan, and Oldham, Circuit Judges. Per Curiam: Jesus Arturo Conchas-Mancilla appeals the denial of his motion to suppress cocaine discovered in his car after a canine alert at a border checkpoint. We AFFIRM. I In April 2023, Conchas-Mancilla arrived at a routine immigration checkpoint in Sarita, Texas. As he neared the checkpoint, Border Patrol Agent Cory Whetten and his certified drug-detection dog, Badi, patrolled around Conchas-Mancilla’s car for a free-air sniff. Near the rear driver’s  No. 25-40424 side, Badi began repeatedly straining to get under the car’s bumper, which Agent Whetten recognized as Badi alerting to an odor. He signaled to Border Patrol Agent Maxwell, further up in the inspection area, that Conchas-Mancilla should go to “secondary,” where agents can inspect cars more closely. Agent Maxwell told Conchas-Mancilla that a dog had alerted to his vehicle and directed him toward the secondary inspection area. As Conchas-Mancilla moved away from Badi to secondary, Badi barked and exhibited other behavior showing his frustration at the odor’s escape. Agent Whetten brought Badi to the secondary inspection area where he again alerted to the car’s rear bumper. Concluding that Badi’s several alerts provided probable cause, agents searched the car. They found 17.4 kilograms of cocaine hidden in the hollow tubing of the car’s bumper. Drug Enforcement Administration agents detained and interviewed Conchas-Mancilla. He confessed to drug trafficking after waiving his Miranda rights. Conchas-Mancilla was charged with drug conspiracy and possession with intent to distribute five kilograms or more of cocaine in violation of 21 U.S.C. § 841(a)(1) and (b)(1)(A). Conchas-Mancilla moved to suppress the cocaine evidence, arguing in part that Badi’s alerts did not provide probable cause to search his vehicle. The district court held a two-day evidentiary hearing on his motion. Agent Whetten, Agent Maxwell, and a Border Patrol canine training specialist named Agent Hopper all testified for the Government. The district court orally denied Conchas-Mancilla’s motion to suppress. It found that Badi alerted to the car and that Agent Whetten recognized Badi’s behavior as an alert. Accordingly, the court held that Badi’s alert provided probable cause for the search. Conchas-Mancilla then 2  No. 25-40424 pled guilty to possession with intent to distribute cocaine, but he preserved his right to appeal the denial of his motion to suppress in his plea agreement. Conchas-Mancilla now appeals. II When reviewing a suppression motion, we review factual findings for clear error and legal conclusions de novo