U.S. Court of Appeals for the Ninth Circuit, 2002

United States v. Jose Trinidad Chavez-Valenzuela

United States v. Jose Trinidad Chavez-Valenzuela
U.S. Court of Appeals for the Ninth Circuit · Decided February 8, 2002 · Tashima, Fisher, Zilly
279 F.3d 1062; 2002 U.S. App. LEXIS 12234; 2001 WL 1763297 (Federal Reporter, Third Series)

United States v. Jose Trinidad Chavez-Valenzuela

Opinion

ORDER

The opinion filed October 15, 2001, is amended as follows:

At slip op. 14532, lines 31-32, replace “more than seven minutes and” with “some time, including the seven minute period when he was.”

At slip op. 14539, line 5, insert footnote 7 after “... search.”

7 Had the detention and questioning of Chavez-Valenzuela not exceeded the proper scope of the initial stop, the vol-untariness of his consent to search his car would be properly addressed according to the factors set forth in United States v. Castillo, 866 F.2d 1071, 1082 (9th Cir. 1989). See also Murillo, 255 F.3d at 1175; Perez, 37 F.3d at 515.

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