United States v. Jesus Bueno-Martinez

MEMORANDUM

Jesus Guillermo Bueno-Martinez (Bue-no-Martinez) appeals the district court’s denial of his motion to suppress evidence seized from his car pursuant to a consent search, following which he entered a conditional guilty plea to possession with intent to distribute 500 grams or more of methamphetamine, in violation of 21 U.S.C. § 841 (a)(1). Bueno-Martinez contends (1) that the stop of his car, while initially supported by reasonable suspicion, was unlawfully prolonged after he produced valid identification; and (2) that he was advised of his rights only in English, a language that he does not sufficiently comprehend.

1. There was reasonable suspicion to justify the initial Terry stop because the officers’ collective knowledge provided reasonable suspicion that Bueno-Martinez was his brother, for whom there was an outstanding arrest warrant. See United States v. Ramirez, 473 F.3d 1026, 1036-37 (9th Cir.2007). Detaining Bueno-Martinez for approximately eleven minutes to conclusively determine his identity was reasonable because the officers “diligently pursued a means of investigation that was likely to confirm or dispel their suspicions quickly ...” United States v.…