Hayes
United States v. Hayes
Opinion
Lead Opinion
MEMORANDUM *
John Hayes, Jr. appeals his conviction and sentence for possession of cocaine base with intent to distribute, 21 U.S.C. § 841 (a)(1), and possession of a firearm having been convicted of a prior felony, 18 U.S.C. § 922 (g)(1). We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.
Hayes raises three challenges on appeal. First, he contends that a traffic stop — from which evidence of marijuana was found in his car and used to obtain a search warrant of his residence — was unconstitutionally prolonged. A valid traffic stop “can become unlawful if it is prolonged beyond the time reasonably required to complete [the traffic stop’s] mission.” Illinois v. Caballes, 543 U.S. 405, 407 , 125 S.Ct. 834 , 160 L.Ed.2d 842 (2005). Here, the police officers did not unreasonably prolong Hayes’s detention. Hayes conceded that he was detained pursuant to a valid traffic stop violation for no more than three minutes when he admitted to having drugs in his car. The police officers were thereafter justified in continuing Hayes’ detention and search of his vehicle. See United, States v. Chavez-Valenzuela, 268 F.3d 719, 724 (9th Cir.2001) (holding that a traffic stop detention may…