Carlos

United States v. Carlos

Good Law
148 F. App'x 622
United States Court of Appeals for the Ninth CircuitSeptember 15, 2005No. 04-50499California1,185 words

Opinion

Lead Opinion

MEMORANDUM **

Bernardo Carlos appeals his federal conviction for possession of marijuana with intent to distribute in violation of 21 U.S.C. § 841 (a)(1). We have jurisdiction pursuant to 28 U.S.C. § 1291 and affirm.

Carlos argues that agents at the permanent immigration checkpoint subjected him to an unreasonable search and seizure because, after having determined his citizenship, they detained and questioned him and then subsequently searched him and his truck without valid grounds to do so. We review de novo the district court’s denial of the motion to suppress and whether detention at the permanent immigration checkpoint violated the Fourth Amendment. United States v. Wilson, 7 F.3d 828, 833 (9th Cir.1993). The district court did not err by denying the motion to suppress. The agents’ questioning of Carlos lasted no more than a few minutes. The stop and questioning were well within the permissible scope of a routine stop at a permanent immigration checkpoint. United States v. Martinez-Fuerte, 428 U.S. 543, 566 , 96 S.Ct. 3074 , 49 L.Ed.2d 1116 (1976); United States v. Bravo, 295 F.3d 1002, 1006 (9th Cir.2002). In any event, Carlos’s nervous demeanor, the corroborated…

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