Lopez-Perete

United States v. Lopez-Perete

Good Law
220 F. App'x 605
United States Court of Appeals for the Ninth CircuitFebruary 8, 2007No. 06-30109California343 words

Opinion

Lead Opinion

MEMORANDUM ***

Appellant Genaro Lopez-Perete appeals the district court’s denial of his motion to suppress after entering a conditional guilty plea to possessing methamphetamine with intent to distribute in violation of 21 U.S.C. § 841 (a)(1) and (b)(1)(C). We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

The district court properly denied Lopez-Perete’s motion to suppress evidence seized during a traffic stop. Lopez-Perete concedes that Rangers Aaron Titus and Rick Blair properly initiated the traffic stop, and contests only the district court’s finding that under the totality of the circumstances the rangers had reasonable suspicion to further detain him beyond the time necessary to issue a warning ticket. See Terry v. Ohio, 392 U.S. 1, 21-22 , 88 S.Ct. 1868 , 20 L.Ed.2d 889 (1968). Rangers Titus and Blair and Officer Kristine Fairbanks articulated several suspicious circumstances: apparent nervousness; the presence of three fully unwrapped air fresheners hanging in the car; that Lopez-Perete exceeded the speed limit late at night while driving through Olympic National Park’s Lake Crescent district, an area known for substantial drug activity; and that Lopez-Perete…

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