United States v. Andrei Raileanu

MEMORANDUM

Defendant Andrei Raileanu appeals the district court’s denial of his motion to suppress evidence and statements. For the reasons stated below, we affirm.

1. We review de novo the district court’s denial of a motion to suppress. United States v. Brobst, 558 F.3d 982, 991 (9th Cir.2009). The factual findings underlying the denial of the motion to suppress are reviewed for clear error. Id.

We also review de novo the adequacy of a Miranda warning, United States v. Williams, 435 F.3d 1148, 1151 (9th Cir. 2006), and whether reasonable suspicion justified a traffic stop, United States v. Palos-Marquez, 591 F.3d 1272, 1274 (9th Cir.2010).

2. Although Appellant’s contrary arguments are not without force, Officer Jordan Bundy had reasonable suspicion to stop Raileanu’s car. See United States v. Valdes-Vega, 738 F.3d 1074, 1078 (9th Cir. 2013) (en banc) (explaining that reasonable suspicion “is not a particularly high threshold to reach”). Raileanu’s counter-surveillance behavior at the gas station (standing at the corner of the gas station and “peering” around a building, seemingly looking for the patrol vehicle), combined with his touching the fog line, the white line that…