Catarino-Sanchez

United States v. Catarino-Sanchez

Good Law
178 F. App'x 691
United States Court of Appeals for the Ninth CircuitMay 3, 2006No. 05-10325California631 words

Opinion

lead Opinion

MEMORANDUM *

Eliseo Catarino-Sanchez appeals the district court’s denial of his motion to suppress evidence seized during a highway traffic stop. The district court’s denial of a motion to suppress is reviewed de novo and its factual findings are reviewed for clear error. United States v. Garcia, 205 F. 3d 1182, 1186 (9th Cir.2000). Whether an officer had reasonable suspicion to detain a suspect is a mixed question of law and fact and is reviewed de novo. United States v. Thomas, 863 F.2d 622, 625 (9th Cir.1988). Because the parties are familiar with the facts we need not recite them.

“[T]he scope of an investigative detention must be carefully tailored to its underlying justification and may last no longer than is necessary to effectuate the purpose of the stop.” United States v. Chavez-Valenzuela, 268 F.3d 719, 724 (9th Cir. 2001) (quoting Florida v. Royer, 460 U.S. 491, 500 , 103 S.Ct. 1319 , 75 L.Ed.2d 229 (1983)) (alterations omitted). Questions asked during an investigative stop must be reasonably related in scope to the justification for the stop. United States v. Murillo, 255 F.3d 1169, 1174 (9th Cir.2001).

The officers’ request that Sanchez and his passenger Sutton…

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