Chavez-Valenzuela

Appellant Jose Trinidad Chavez-Valenzuela was pulled over by a California Highway Patrol (“CHP”) officer for a traffic violation while driving east on Interstate 40, detained by the side of the highway and questioned during a seven-minute interval while a dispatcher checked his license and registration. After the officer learned both were valid, he asked Chavez-Valenzuela for permission to search his SUV, which he provided. The officers conducting the search found six packages of methamphetamine in a nylon bag inside his vehicle. Later, Chavez-Valenzuela moved to suppress the evidence, contending that the initial stop, the prolonged detention and the search violated his rights under the Fourth Amendment. When the district court denied his suppression motion, Chavez-Valenzuela entered a conditional guilty plea to one count of violating 21 U.S.C. § 841 (a)(1), possession of methamphetamine with intent to distribute. He now appeals his conviction and sentence. Because we agree with some of Chavez-Valenzuela’s arguments, we reverse.

I.

On February 24, 1999 at approximately 8:00 a.m., CHP Officer Joseph David observed Chavez-Valenzuela while both were driving eastbound on Interstate…