United States v. Jeffrey Comstock

MEMORANDUM

Jeffrey Comstock appeals the district court’s denial of a motion to suppress evidence supporting his drug conviction. We have jurisdiction pursuant to 28 U.S.C. § 1291 and affirm.

The district court did not err in holding that two traffic violations provided probable cause for the trooper to stop the car. Nev.Rev.Stat. §§ 484.361(l)(c) and 484.305(l)(b) (2008); Whren v. United States, 517 U.S. 806, 810-13 , 116 S.Ct. 1769 , 135 L.Ed.2d 89 (1996).

Comstock’s claim that the trooper unreasonably prolonged the detention is not supported by the record. During the first five minutes of the stop, the trooper pulled the car over, requested Comstock’s license and the car registration, had Comstock exit the vehicle, and explained the traffic violations. The trooper then made a simultaneous records request for Comstock and the passenger, who was the registered owner of the car. None of these actions violated Comstock’s Fourth Amendment rights. Arizona v. Johnson, 555 U.S. 323 , 129 S.Ct. 781, 786 , 172 L.Ed.2d 694 (2009); United States v. Diaz-Castaneda, 494 F.3d 1146, 1152-53 (9th Cir.2007). The records request took only four minutes, and the trooper did not need separate…