United States v. Francisco Torres-Soria

9 F.3d 1555 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Francisco TORRES-SORIA, Defendant-Appellant. No. 92-30511. United States Court of Appeals, Ninth Circuit. Submitted Nov. 2, 1993. * Decided Nov. 10, 1993. Before: WRIGHT, GOODWIN and HUG, Circuit Judges. 1 MEMORANDUM ** 2 Francisco Torres-Soria pleaded guilty to possessing heroin with intent to deliver, 21 U.S.C. § 841 . He conditioned his plea upon the right to appeal the denial of his pretrial motion to suppress evidence seized during a search of his car. We have jurisdiction over his timely appeal under 28 U.S.C. § 1291 , and we affirm. I. THE STOP 3 A police officer may justifiably stop a car when he reasonably suspects the driver of a traffic violation. United States v. Brewer, 947 F.2d 404, 412 (9th Cir.1991). The arresting officer's motive determines whether the stop is merely an impermissible pretext for further investigation. United States v.…