Hernandez-Torres

MEMORANDUM *

Bernardo Hernandez-Torres appeals from the denial of his motion to suppress evidence seized during a prolonged traffic stop and from his conviction for possession of a controlled substance with intent to distribute, in violation of 21 U.S.C. §§ 841 (a)(1) and (b)(l)(A)(ii). We have jurisdiction under 28 U.S.C. § 1291 , and we affirm. 1 Because the facts of this case are familiar to the parties, we recite them here only to the extent necessary to explain our decision.

We reject Hernandez-Torres’s argument that Trooper Moonin unlawfully prolonged the stop and broadened the scope of questioning by asking him whether he was carrying contraband. Even if we assume that the stop was not a consensual encounter after Trooper Moonin returned Hernandez-Torres’s paperwork and told him he was free to leave, see United States v. Chavez-Valenzuela, 268 F.3d 719, 724-25 (9th Cir.2001), amended by 279 F.3d 1062 (9th Cir.2002), we conclude that reasonable suspicion supported the decision to prolong the stop and broaden the scope of questioning. Trooper Moonin testified, among other things, that (1) he smelled an overwhelming odor of air freshener emanating from the vehicle, the smell…