Gonzalez

United States v. Gonzalez

Good Law
290 F. App'x 51
United States Court of Appeals for the Ninth CircuitAugust 7, 2008No. 07-30098California546 words

Opinion

Lead Opinion

MEMORANDUM *

Defendant Gonzalez appeals his conviction for Possession of a Firearm and Am *52 munition by a Prohibited Person, in violation of 18 U.S.C. § 922 (g)(1). We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

First, the district court did not err in denying Gonzalez’s motion to suppress the seized gun. That Officer Garcia asked a few questions of the vehicle’s passengers that went beyond the scope of what was necessary for issuing a citation did not, without more, violate Gonzalez’s Fourth Amendment rights. See Muehler v. Mena, 544 U.S. 93, 101 , 125 S.Ct. 1465 , 161 L.Ed.2d 299 (2005); United States v. Mendez, 476 F.3d 1077, 1080 (9th Cir.2007). Moreover, Officer Garcia’s brief and apparently unintentional prolongation of the traffic stop by running the passengers’ names through the “wants and warrants” database was not unreasonable under the circumstances. See United States v. Turvin, 517 F.3d 1097, 1103 (9th Cir.2008).

Second, Gonzalez concedes that Officer Garcia’s search of the passenger compartment of the vehicle, including the unlocked glove box, was a lawful search incident to the arrest of passenger Rivera under New York v. Belton, 453 U.S. 454, 460…

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