Garcia

United States v. Garcia

Good Law
317 F. App'x 632
United States Court of Appeals for the Ninth CircuitNovember 17, 2008No. 07-10570California800 words

Opinion

Lead Opinion

MEMORANDUM **

Raymond Garcia appeals his conviction for possession of methamphetamine with intent to distribute and conspiracy to distribute a controlled substance. Garcia challenges the district court’s denial of his two suppression motions and the sufficiency of the evidence.

Garcia first argues that the district court should have suppressed the drugs obtained from the car because they were the fruit of an unreasonable stop. We disagree; the district court appropriately determined that no suppression was necessary because the stop was at all times reasonable.

The stop was reasonable at its inception because the officer noted the traffic violation of incorrect taillights. Officers may temporarily detain an automobile where they have probable cause of a traffic violation. See Whren v. United States, 517 U.S. 806, 810 , 116 S.Ct. 1769 , 135 L.Ed.2d 89 (1996); Nev.Rev.Stat. 484.551, 484.555, and 484.557. At the time Garcia consented to the search of the vehicle, the continued detention remained reasonable under the totality of the circumstances because the officer only asked ten minutes’ worth of questions related to the stop before obtaining the consent to search. See United…

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