Garcia

United States v. Garcia

Good Law
139 F. App'x 887
United States Court of Appeals for the Ninth CircuitJuly 20, 2005No. 04-10439California825 words

Opinion

Lead Opinion

MEMORANDUM *

Defendant Jose Ceja Garcia appeals his conviction for possession of cocaine with intent to distribute, in violation of 21 U.S.C. § 841 (a)(1), (b)(1)(A)(ii)(11). We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm. The parties are familiar with the facts and we do not recount them here except as necessary for our disposition. 1.

*889 The district court properly denied defendant’s motion to suppress evidence of the cocaine discovered during the traffic stop. Nevada Highway Patrol (“NHP”) Trooper Shawn Haggstrom had reasonable suspicion to stop defendant’s vehicle because defendant failed to maintain his travel lane in violation of Nevada Revised Statute § 484.305(1). See United States v. Garcia, 205 F.3d 1182, 1185-87 (9th Cir.2000); United States v. Lopez-Soto, 205 F.3d 1101, 1104-05 (9th Cir. 2000). After executing the stop, Haggstrom’s initial inquiries were reasonably related to the traffic stop. See United States v. Chavez-Valenzuela, 268 F.3d 719, 724 (9th Cir.2001). Haggstrom was justified in expanding the scope of his inquiry and continuing the detention because (1) defendant was nervous; (2) Haggstrom detected an “overwhelming” odor from the…

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