Arana-Duarte

United States v. Arana-Duarte

Good Law
244 F. App'x 121
United States Court of Appeals for the Ninth CircuitJune 27, 2007No. 06-10635California904 words

Opinion

Lead Opinion

MEMORANDUM *

Alejandro Arana-Duarte 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)(viii). The district court’s denial of a motion to suppress is reviewed de novo and its factual findings are reviewed for clear error. United States v. Garcia, 205 F.3d 1182, 1186 (9th Cir.2000). We have jurisdiction under 28 U.S.C. § 1291 , and we affirm. 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 reject Arana-Duarte’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 Arana-Duarte’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…

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