United States v. Elveria Rodriguez-Quiros

442 F. App'x 347

• Court: Court of Appeals for the Ninth Circuit
• Decided: July 14, 2011
• Docket: 09-10482
• Status: Unpublished

Opinion

MEMORANDUM ***

Defendant Elveria Rodriguez-Quiros appeals the district court’s denial of her motion to suppress the drugs found in her car’s bumper. We have jurisdiction pursuant to 28 U.S.C. § 1291 and affirm.

The record does not support the defendant’s claim that the district judge improperly rejected the magistrate judge’s factual findings. The district judge adopted the magistrate judge’s findings, but reached a different legal conclusion regarding probable cause.

Having obtained the defendant’s lawful consent to search the vehicle, the troopers were within their rights to inspect and probe a pre-existing hole in the bumper. Upon discovering white powder and observing what looked like tape, the troopers had probable cause to believe that the normally empty bumper contained drugs. See United States v. Ewing, 638 F.3d 1226, 1231 (9th Cir.2011).

AFFIRMED.

*** This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.