Yanez-Hernandez

United States v. Yanez-Hernandez

Good Law
243 F. App'x 234
United States Court of Appeals for the Ninth CircuitJune 27, 2007No. 06-10654California539 words

Opinion

Lead Opinion

*235 MEMORANDUM *

Raul Elisio Yanez-Hernandez appeals 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). He challenges the denial of his motion to suppress evidence seized in a search conducted during a prolonged traffic stop. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm. 1 The facts of this case are familiar to the parties and we recite them here only to the extent necessary to explain our decision.

We assume for purposes of decision that the traffic stop did not become a consensual encounter when Detective Sandoval told Yanez-Hernandez that he was free to leave but then asked him whether he was transporting any contraband. We conclude, however, that the extended detention and questioning were supported by reasonable suspicion of criminal activity beyond the initial traffic violation. Detective Sandoval testified that Yanez-Hernandez was driving a car registered out-of-state to another person. See United States v. Perez, 37 F.3d 510, 514 (9th Cir.1994) (noting that registration in another person’s name is a suspicious factor), overruled on other grounds by United States v.…

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