Villanueva-Madriz

MEMORANDUM **

Sergio Villanueva-Madriz entered a conditional guilty plea and was convicted of violating 8 U.S.C. § 1326 (deported alien found in the United States) and 21 U.S.C. § 841 (possession of methamphetamine with intent to distribute). On appeal, Villanueva-Madriz contends that the district court improperly denied his motion to suppress. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

Villanueva-Madriz contends that the methamphetamine discovered in the battery compartment of the van he was driving should have been suppressed for two reasons. First, Villanueva-Madriz contends that the stop was excessive in scope and duration. Second, Villanueva-Madriz contends that his consent to search was not knowing and voluntary. We find both of Villanueva-Madriz’s arguments unpersuasive.

1. Scope and duration of the stop

The scope of an investigative detention “must be carefully tailored to its underlying justification.” Florida v. Royer, 460 U.S. 491, 500 , 103 S.Ct. 1319 , 75 L.Ed.2d 229 (1983). If the officer asks questions or investigates issues that go beyond the scope of the original justification for the stop, and this investigation prolongs the…