United States v. Benjamin Schwarz

MEMORANDUM

Benjamin Schwarz appeals the district court’s denial of his motion to suppress evidence of drugs found in his vehicle. Following the denial of his suppression motion, Schwarz pled guilty to possession of cocaine with intent to distribute, in violation of 21 U.S.C. § 841 (a)(1) & (b)(l)(A)(ii)(II). We have jurisdiction under 28 U.S.C. § 1291 . We affirm.

We review de novo the district court’s denial of a motion to suppress, and review for clear error the underlying factual findings. United States v. Rodgers, 656 F.3d 1023, 1026 (9th Cir.2011).

First, the district court correctly determined that the stop of Schwarz’s vehicle was supported by reasonable suspicion that he had committed a traffic violation. See United States v. Miranda-Guerena, 445 F.3d 1233, 1236 (9th Cir.2006). The sworn declaration and testimony of Detective Solomon established that Schwarz swerved his vehicle into a neighboring lane and cut off another vehicle, providing reasonable suspicion that he made an unsafe lane change in violation of California Vehicle Code § 21658(a). We accord special deference to the district court’s determination that Detective Solomon’s statements were credible, see…