U.S. Court of Appeals for the Eighth Circuit, 1996

United States v. Oscar Solis Perales

United States v. Oscar Solis Perales
U.S. Court of Appeals for the Eighth Circuit · Decided September 16, 1996

United States v. Oscar Solis Perales

Opinion

_____________ No. 96-1725SI _____________ United States of America, * * Appellee, * Appeal from the United States * District Court for the Southern v. * District of Iowa. * Oscar Solis Perales, * [UNPUBLISHED] * Appellant. * _____________ Submitted: September 10, 1996 Filed: September 16, 1996 _____________ Before FAGG, Circuit Judge, HENLEY, Senior Circuit Judge, and WOLLMAN, Circuit Judge. _____________

PER CURIAM.

Oscar Solis Perales appeals the district court's denial of Perales's motion to suppress. Perales contends the police concocted a traffic stop because they suspected Perales was engaged in drug-dealing activity.

Contrary to Perales's view, the record shows the police had probable cause to believe Perales committed a traffic violation; thus, Perales's traffic- based detention was constitutionally reasonable. Whren v. United States, 116 S. Ct. 1769, 1777 (1996). We also reject Perales's contention that "the [traffic] stop was pretextual and therefore unconstitutional." Id. at 1774. Having considered all of Perales's arguments, we affirm the district court.

A true copy.

Attest:

CLERK, U. S. COURT OF APPEALS, EIGHTH CIRCUIT.

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