Anaya

United States v. Anaya

Good Law
122 F. App'x 361
United States Court of Appeals for the Ninth CircuitFebruary 11, 2005No. 04-50142; D.C. No. CR-03-02339-BTMCalifornia492 words

Opinion

Lead Opinion

MEMORANDUM **

Defendant Moisés Anaya appeals his conviction, challenging the district court’s decisions denying his pre-trial motions to suppress the drugs found during a border search in a tire stored in the trunk of the car he was driving and the statements he made during the interrogation that followed his arrest. We conclude that the district court did not err in denying Ana-ya’s pre-trial suppression motions and affirm the conviction.

Even if reasonable suspicion was required to justify the search, we conclude the district court correctly found that the border agent had the requisite reasonable suspicion of illegal activity to cut open the tire in Anaya’s trunk. The tire was exceptionally heavy and sounded solid when tapped. See United States v. Bravo, 295 F.3d 1002, 1007-08 (9th Cir.2002) (holding there was reasonable suspicion under analogous circumstances). Because the border agent had a reasonable suspicion that contraband was hidden in the tire before cutting it open, we affirm the district court’s denial of Anaya’s motion to suppress the drugs found in his car.

We likewise affirm the district court’s denial of Anaya’s motion to suppress statements made during his…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.