Alden

United States v. Alden

Good Law
50 F. App'x 869
United States Court of Appeals for the Ninth CircuitNovember 14, 2002No. 01-30403; D.C. No. CR-01-00025-BLWCalifornia735 words

Opinion

Lead Opinion

*870 MEMORANDUM *

Defendan1>-Appellant Eric Steven Alden (“Defendant”), convicted pursuant to a conditional plea of guilty to two cocaine trafficking charges, appeals the district court’s denial of his motion to suppress evidence resulting from a search of his vehicle using a drug dog as well as his subsequent confession to transporting narcotics. We have jurisdiction pursuant to 28 U.S.C. § 1291 . We hold that the police (1) had reasonable suspicion of illegal drug activity, and (2) were justified in detaining the Defendant for more than a routine traffic investigation. Because we hold also that the evidence found by the drug dog was an inevitable discovery and that the subsequent Mirandized confession was not tainted by the pre-Miranda confession, we affirm the district court.

Because the parties are familiar with the facts and procedural history of this case, we will not repeat them here.

The Defendant first argues that the police did not have reasonable suspicion of drug activity sufficient to justify extending his traffic stop beyond checking his driver’s license, registration, and insurance. We disagree. We find no evidence in the record that justifies overturning the…

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