Palacios
United States v. Palacios
Opinion
Lead Opinion
MEMORANDUM *
The government appeals the district court’s order suppressing evidence in this criminal case involving a prolonged traffic stop. We affirm.
The facts of this case are familiar to the parties and we recite them here only to the extent necessary. Oregon State Trooper Leslie Kipper pulled over appellee, Jose Morales Palacios, for speeding along Interstate 84 in Wasco County, Oregon. The legality of the initial stop and the absence of reasonable suspicion for any criniinal activity are undisputed. After he was issued a traffic ticket, Palacios initi *602 ated a few questions about the proper disposition of the ticket. Kipper first answered these questions and then asked Palacios whether he had “anything in the van [Kipper needed] to be concerned about,” including weapons and drugs. When Palacios answered in the negative, Kipper requested consent to search the van, stating: “It’s a little suspicious that you’re traveling such a long distance with only such a small bag.” Palacios consented and Kipper discovered methamphetamine in the vehicle.
Our holding in United States v. Chavez-Valenzuela, 268 F.3d 719 (9th Cir.2001), amended by 279 F.3d 1062 (2002), controls the…