Linares

United States v. Linares

Good Law
258 F. App'x 989
United States Court of Appeals for the Ninth CircuitDecember 12, 2007No. 06-30481California344 words

Opinion

Lead Opinion

MEMORANDUM **

William Linares appeals from his conviction for Illegal Reentry of a Deported Alien in violation of 8 U.S.C. § 1326 (a). The facts are known to the parties and need not be repeated here.

Linares brought a pretrial motion in district court to suppress identification evidence obtained following his encounter with Portland Police Bureau Officer Michael Bledsoe, arguing in relevant part that Bledsoe lacked sufficient cause to stop the truck in which Linares was a passenger and to request that Linares produce his identification. The district court denied the motion after a hearing. Linares then pleaded guilty, expressly reserving his right to appeal the denial of the suppression motion.

Linares argues that Bledsoe violated the Fourth Amendment by asking him to produce his identification even though Bledsoe did not reasonably suspect that Linares was engaged in criminal activity. Because, as Linares now concedes, probable cause supported the traffic stop, the Fourth Amendment was not implicated when Bledsoe requested that Linares produce his identification, even in the absence of reasonable suspicion as to him. See United States v. Diaz-Castaneda, 494 F.3d 1146, 1152…

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