United States v. Santiago Cruz

MEMORANDUM

In this civil forfeiture action, claimant Santiago Cruz (“Cruz”) appeals the denial of his motion to suppress evidence and grant of summary judgment in favor of the United States. We affirm.

The district court did not err in denying Cruz’s motion to suppress. Viewing the totality of the circumstances—including the odors of marijuana and air freshener coming from the vehicle, Cruz’s demeanor, an expired car rental agreement, unusual travel plans, Cruz’s prior drug conviction, and Cruz’s admission he had previously sold drugs in Battle Mountain—reasonable suspicion existed to support Cruz’s brief continued detention until the canine officer arrived at the scene. See United States v. Berber-Tinoco, 510 F.3d 1083, 1087-88 (9th Cir. 2007) (individually innocent factors viewed collectively may amount to reasonable suspicion); see also United States v. Sharpe, 470 U.S. 675, 686 , 105 S.Ct. 1568 , 84 L.Ed.2d 605 (1985) (prolonged detention justified if police diligently pursued means of investigation likely to confirm or dispel their suspicions quickly).

Nor did the court err in granting the government’s motion for summary judgment. The government presented evidence that the…