Villa-Gonzales
United States v. Villa-Gonzales
Opinion
Lead Opinion
MEMORANDUM **
The district court properly denied Villa-Gonzales’ motion to suppress. The initial automobile stop was proper because the officer had probable cause to believe a traffic violation had occurred. Whren v. United States, 517 U.S. 806, 810 , 116 S.Ct. 1769 , 135 L.Ed.2d 89 (1996). The continued detention of the vehicle and occupants after issuing the citation was also reasonable. Unlike United States v. Chavez-Valenzuela, 268 F.3d 719, 724-25 (9th Cir.2001), in which mere nervousness did not justify extended detention and questioning, in this case the driver and occupants were not only nervous, but the driver lacked a license and the car occupants (while giving different reasons for the trip) all indicated they had driven from Minnesota to California to stay for only one hour. Such a short turnaround after such a long trip was certainly suspicious. See United States v. Murillo, 255 F.3d 1169,1174 (9th Cir.2001).
Nor did the district court clearly err in determining that the car’s owner voluntarily consented to a search of the vehicle. Although the owner was not told he had a right not to consent, nothing suggests the officers exerted any overt or implicit coercion on…