Delgado-Hernandez

MEMORANDUM **

Pablo Delgado-Hernandez (“Delgado-Hernandez”) appeals the district court’s denial of his motion to suppress evidence seized during a traffic stop. Following the denial of his motion, Delgado-Hernandez entered a conditional guilty plea for violations of 21 U.S.C. §§ 841 (a)(1), (b)(l)(B)(ii), Possession of a Controlled Substance with Intent to Distribute. He is currently serving a forty-six-month sentence. Because the evidence seized from Delgado-Hernandez’s car followed an unconstitutional traffic stop, we REVERSE.

I

On the night of August 3, 2004, Nevada Highway Patrol (“NHP”) Trooper Eddie Dutchover and Las Vegas Metropolitan Police Detective Corey Mikkelson were patrolling Interstate 15 (“1-15”) in Clark County, Nevada, as part of the Southern Nevada Interdiction Task Force. At approximately 9:00 p.m., they were traveling northbound on 1-15 in lane number one near mile marker twenty-seven when they first noticed Delgado-Hernandez’s car, a white Buick LeSabre. Northbound 1-15 at that mile marker is straight and even and consists of three lanes-numbers one, two and three. A gravel and concrete median divides the northbound and southbound lanes. The number one…