United States v. Hernandez-Torres
United States v. Hernandez-Torres
Opinion of the Court
MEMORANDUM
Bernardo Hernandez-Torres appeals from the denial of his motion to suppress evidence seized during a prolonged traffic stop and from his conviction for possession of a controlled substance with intent to distribute, in violation of 21 U.S.C. §§ 841(a)(1) and (b)(l)(A)(ii). We have jurisdiction under 28 U.S.C. § 1291, and we affirm.
We reject Hernandez-Torres’s argument that Trooper Moonin unlawfully prolonged the stop and broadened the scope of questioning by asking him whether he was carrying contraband. Even if we assume that the stop was not a consensual encounter after Trooper Moonin returned Hernandez-Torres’s paperwork and told him he was free to leave, see United States v. Chavez-Valenzuela, 268 F.3d 719, 724-25 (9th Cir. 2001), amended by 279 F.3d 1062 (9th Cir. 2002), we conclude that reasonable suspicion supported the decision to prolong the stop and broaden the scope of questioning. Trooper Moonin testified, among other things, that (1) he smelled an overwhelming odor of air freshener emanating from the vehicle, the smell of which often is used to mask narcotics; (2) he observed food wrappers, an atlas, and a suitcase in the vehicle, which are consistent with a drug trafficker making a long trip without frequent stops; (3) there was a single key in the vehicle’s ignition, which is common when an individual is given a
We also reject Hernandez-Torres’s argument that he did not knowingly and voluntarily consent to the search of his vehicle.
AFFIRMED.
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
. The district court's denial of a motion to suppress is reviewed de novo and its factual findings are reviewed for clear error. United States v. Garcia, 205 F.3d 1182, 1186 (9th Cir. 2000). The district court’s determination of the voluntariness of consent to search is reviewed for clear error. United States v. Todhunter, 297 F.3d 886, 891 (9th Cir. 2002).
. We consider the following factors in determining the voluntariness of a consent to search: "(1) whether defendant was in custody, (2) whether the arresting officers had their guns drawn, (3) whether Miranda warnings were given, (4) whether the defendant was notified that she had a right not to consent, and (5) whether the defendant had been told a search warrant could be obtained.” United States v. Patayan Soriano, 361 F.3d 494, 502 (9th Cir. 2004) (citations and quotation marks omitted).
Case-law data current through December 31, 2025. Source: CourtListener bulk data.