Abdelhadi

United States v. Abdelhadi

Good Law
64 F. App'x 623
United States Court of Appeals for the Ninth CircuitMay 1, 2003No. 02-50303California353 words

Opinion

Lead Opinion

*624 MEMORANDUM **

Abidallah Abdelhadi appeals the district court’s denial of his motion to suppress evidence obtained following a traffic stop and search of the vehicle he was driving. We affirm.

The initial automobile stop was proper because the officer had probable cause to believe that a traffic violation had occurred. See Whren v. United States, 517 U.S. 806, 810 , 116 S.Ct. 1769 , 135 L.Ed.2d 89 (1996). The officer observed Abdelhadi tapping his brakes and following the vehicle in front of him too closely for two-tenths of a mile, in violation of California Vehicle Code section 21703. The district court’s findings as to the facts and circumstances surrounding the stop are not clearly erroneous.

Abdelhadi contends that the officer exceeded the scope of permissible questioning during the traffic stop by asking about narcotics in the vehicle. Abdelhadi’s nervousness during the stop, in combination with his statement that he was not the owner of the vehicle and did not have a registration, was sufficient to justify further questioning. See United States v. Torres-Sanchez, 83 F.3d 1123, 1128 (9th Cir.1996).

Abdelhadi also argues that the district court erred in determining…

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