Romero-Pineda

United States v. Romero-Pineda

Good Law
158 F. App'x 9
United States Court of Appeals for the Ninth CircuitDecember 9, 2005No. 05-10256California416 words

Opinion

Lead Opinion

memorandum: ***

Romero-Pineda challenges the district court’s denial of his motion to suppress four pounds of heroin found in the trunk of his car in the couirse of a consensual search arising from a traffic stop. The district court correctly found that police had probable cause to initiate a traffic stop after seeing Romero-Pineda make an unsafe lane change. The officers’ initial contact was limited to questions reasonably related to the traffic infraction and thus did not exceed the scope of the traffic stop. See United States v. Chavez-Valenzuela, 268 F.3d 719, 724 (9th Cir.2001), amended by 279 F.3d 1062 (9th Cir.2002) (“An officer must initially restrict the questions he asks during a stop to those that are reasonably related to the justification for the stop.”). The duration of this initial stop *11 was five minutes and also reasonable. See Pierce v. Multnomah County, 76 F.3d 1032, 1038 (9th Cir.1996).

The district court did not clearly err in finding that Romero-Pineda’s consent to search his car was voluntary. The officer did not initiate the second conversation concerning contraband until after Romero-Pineda had been told twice that he was free to leave. A reasonable…

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