United States v. Jose Rodriguez-Contreras

985 F.2d 576 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. UNITED STATES of America, Plaintiff-Appellee, v. Jose RODRIGUEZ-CONTRERAS, Defendant-Appellant. No. 91-50250. United States Court of Appeals, Ninth Circuit. Argued and Submitted Oct. 10, 1991. Decided Feb. 2, 1993. Appeal from the United States District Court for the Southern District of California; No. CR-89-1189-01-R, John S. Rhoades, District Judge, Presiding. S.D. Cal. AFFIRMED. Before FLETCHER, D.W. NELSON and BRUNETTI, Circuit Judges. 1 MEMORANDUM * OVERVIEW 2 Defendant Jose Rodriguez-Contreras (Rodriguez) was convicted for transporting illegal aliens within the United States. He was apprehended after leading Border Patrol Agents on a brief high-speed chase. Rodriguez sought to suppress evidence obtained after the Border Patrol Agents stopped Rodriguez' car. The district court, relying on then Ninth Circuit precedent, held that a stop occurs for Fourth Amendment purposes when police activate their overhead…