Alvarez
United States v. Alvarez
Opinion
Lead Opinion
Drozd, J.
ORDER DENYING MOTION TO SUPPRESS
On March 21, 2016, defendant filed a motion to suppress all evidence seized as a result of a traffic stop and subsequent search, both of which he contends were unlawful. (Doc. No. 20.) The government opposed the motion on April 4, 2016. (Doc. No. 21.) A reply was filed on May 30, 2016. (Doc. No. 24.) The motion was then taken under submission. For the reasons set forth below, defendant’s motion to suppress will be denied.
Evidence
Defendant Alvarez was indicted on December 10,2015 on one count of possession with the intent to distribute methamphetamine in violation of 21 U.S.C. § 841 (a)(1), following his arrest on November 22, 2015. (Doc. No. 7.) The charge brought against defendant Alvarez stemmed from the stop *1062 and subsequent search of a vehicle he was driving by a California Highway Patrol (CHP) Officer Lloyd Pratt. Pursuant to the challenged search approximately eight pounds of methamphetamine were discovered in the trunk of the vehicle.
The defense moved for an evidentiary hearing in connection with the pending motion to suppress evidence and that request was granted. An evidentiary hearing was conducted on July 7, 2016, at which…