United States v. Juan Aparicio-Lopez

MEMORANDUM

1. The district court properly denied the motion to suppress filed by Defendant-Appellant Juan Aparicio-Lopez (AparicioLopez). The Border Patrol Agent had reasonable suspicion for the initial traffic stop. The agent observed Aparicio-Lopez’s evasive slowing behavior, extremely nervous appearance, his vehicle’s type and Baja license plates, and the time he crossed the checkpoint. See United States v. Garcia-Barron, 116 F.3d 1305, 1307 (9th Cir.1997) (listing factors to consider in determining whether a vehicle stop was justified by reasonable suspicion).

The initial traffic stop was not unlawfully extended by the agent’s questioning of Aparicio-Lopez regarding his business in the United States. The questioning did not unreasonably prolong the duration of the detention, and therefore required no additional Fourth Amendment justification. See United States v. Mendez, 476 F.3d 1077, 1080-81 (9th Cir.2007) (stating that because “officers’ questioning did not prolong the stop, we are compelled to hold that the expanded questioning need not have been supported by separate reasonable suspicion”); see also United States v. Turvin, 517 F.3d 1097, 1099-1100 (9th Cir. 2008)…