Gonzalez-Ramirez

United States v. Gonzalez-Ramirez

Good Law
104 F. App'x 22
United States Court of Appeals for the Ninth CircuitJuly 12, 2004No. 03-30368California690 words

Opinion

Lead Opinion

MEMORANDUM *

Pablo Gonzalez-Ramirez (“Gonzalez-Ramirez”), convicted of possession with intent to distribute a controlled substance, challenges the denial of his motion to suppress evidence obtained through a search of his impounded minivan. He contends that his Fourth Amendment rights were violated because the state trooper who impounded the vehicle did not consider alternatives to impoundment. We do not recite the facts and procedural history of the case, except as necessary, because they are known to the parties. We have jurisdiction under 28 U.S.C. § 1291 and 18 U.S.C. § 3742 (a). We affirm.

As an initial matter, we note that the appellant has not challenged the canine sniff of the impounded vehicle which formed the basis of the warrant obtained by police to search the vehicle. Therefore, we do not address any possible Fourth Amendment violation presented by the apparent expansion of an ordinary impoundment into a drug investigation. See Illinois v. Caballes, 207 Ill.2d 504 , 280 Ill.Dec. 277 , 802 N.E.2d 202 (2003), cert. grant *23 ed — U.S. -, 124 S.Ct. 1875 , 158 L.Ed.2d 466 (Apr. 5, 2004).

We review de novo a district court’s denial of a motion to suppress, but we review…

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