United States v. Marco Bautista

MEMORANDUM

Defendant-Appellant Marco Bautista appeals the district court’s denial of his motion to suppress evidence. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

We review the district court’s denial of Bautista’s motion to suppress de novo and the district court’s factual findings for clear error. United States v. Diaz, 491 F.3d 1074, 1077 (9th Cir.2007).

An officer initiated a traffic stop after observing Bautista driving above the speed limit, weaving in his lane, and making a lane change without signaling. Bautista did not stop his vehicle immediately, but instead continued to drive forward several times before coming to a complete stop. The officer testified that Bautista’s head was “in the middle of the vehicle and it looked as if he was reaching down in the passenger area and moving towards ... the center line of the vehicle rather than just ... sitting upright in a normal driving position.”

A parole search is valid if it complies with state law. United States v. Garcia-Cruz, 978 F.2d 587 , 541 (9th Cir.1992). “Only after the meaning and scope of a [parole] search clause are determined, under state law, does the federal Fourth Amendment analysis begin.”…