Anthony

MEMORANDUM *

Defendant Matthew Allen Anthony was convicted of one count of conspiracy to possess with intent to distribute methamphetamine, in violation of 21 U.S.C. § 846 . He now appeals the pretrial denial of his suppression motion and the resulting conviction. We have jurisdiction under 28 U.S.C. § 1291 and affirm.

Anthony first contends that law enforcement officers impermissibly extended the duration of his traffic stop in violation of the Fourth Amendment. However, an officer may prolong a traffic stop if there is a reasonable suspicion of additional illegal activity, meaning the officer can point to “suspicious factors that are particularized and objective.” United States v. Mendez, 476 F.3d 1077, 1080 (9th Cir.2007) (citation and quotation marks omitted); United States v. Garcia-Rivera, 353 F.3d 788, 791 (9th Cir.2003).

In this case, extending the stop beyond the time needed to complete the warning ticket was justified by: (1) the smell of burnt marijuana; (2) Anthony’s inability to furnish identification; (3) the mismatch between Anthony’s appearance and the physical description of the driver whom he claimed to be; (4) the tip about a similar car carrying drugs that…