United States v. Hector Perez Valenzuela

• Court: Court of Appeals for the Fourth Circuit
• Decided: February 19, 2026
• Docket: 24-4000
• Status: Unpublished

Opinion

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UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 24-4000

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

v.

HECTOR LUCIANO PEREZ VALENZUELA,

Defendant - Appellant.

Appeal from the United States District Court for the Eastern District of North Carolina, at Raleigh. Richard E. Myers, II, Chief District Judge. (5:20-cr-00012-M-1)

Submitted: September 25, 2025 Decided: February 19, 2026

Before BENJAMIN, Circuit Judge, FLOYD, Senior Circuit Judge, and Patricia Tolliver GILES, United States District Judge for the Eastern District of Virginia, sitting by designation.

Affirmed by unpublished per curiam opinion.

ON BRIEF: Raymond C. Tarlton, TARLTON LAW PLLC, Raleigh, North Carolina, for Appellant. Michael F. Easley, Jr., United States Attorney, David A. Bragdon, Assistant United States Attorney, Katherine S. Englander, Assistant United States Attorney, OFFICE OF THE UNITED STATES ATTORNEY, Raleigh, North Carolina, for Appellee.

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PER CURIAM:

Hector Perez Valenzuela was convicted by a jury of knowingly and intentionally

distributing and possessing with the intent to distribute fentanyl and aiding and abetting

the same. The charges arose after DEA Task Force Officer Mark Thomas initiated a traffic

stop in Saint Charles County, Missouri, * of a vehicle in which Perez Valenzuela was the

passenger on November 8, 2019. During the traffic stop, Officer Thomas obtained the

driver’s consent to search the vehicle and conduct a K-9 sniff. The search resulted in the

discovery of seven brick-type packages and two sealed plastic bags containing thousands

of small blue pills containing what forensic experts would later identify as fentanyl. Perez

Valenzuela moved to suppress the evidence from the search, arguing that the search was

unlawful. The district court denied the motion, and a jury subsequently convicted Perez

Valenzuela of the charges. On appeal, Perez Valenzuela contends that the court erred in

denying the motion to suppress because (1) the driver’s consent was involuntary and

invalid because it was given when the driver was seized; (2) the stop had been

impermissibly prolonged; and (3) Officer Thomas did not have reasonable suspicion to

prolong the stop to conduct a dog sniff. We affirm.

“In considering the appeal of a denial of a motion to suppress, we review the district

court’s conclusions de novo and its factual findings for clear error.” United States v.

Slocumb, 804 F.3d 677, 681 (4th Cir. 2015). In reviewing a suppression motion denied by

* The government alleged and a jury later determined Perez Valenzuela obtained these narcotics in Fayetteville, North Carolina, rendering jurisdiction in the Eastern District of North Carolina proper under Federal Rule of Criminal Procedure 18. 2 USCA4 Appeal: 24-4000 Doc: 78 Filed: 02/19/2026 Pg: 3 of 5

the district court, this Court construes evidence in the light most favorable to the

government. United States v. Palmer, 820 F.3d 640, 648 (4th Cir. 2016).

“A traffic stop constitutes a seizure under the Fourth Amendment and is thus subject

to a reasonableness requirement.” Perez, 30 F.4th at 374 (citation modified). Accordingly,

this Court has confirmed that the Fourth Amendment protects individuals from

unreasonably prolonged stops. Id. at 375. However, a traffic stop may be extended for a

search if consent is given before the conclusion of the stop. Palmer, 820 F.3d at 649–50.

“Consent to search is valid if it is (1) knowing and voluntary and (2) given by one with

authority to consent.” United States v. Buckner, 473 F.3d 551, 554 (4th Cir. 2007) (citation

modified). In assessing voluntariness of the consent, we examine the totality of the

circumstances, including “the characteristics of the accused,” like his education and

intelligence, and the conditions surrounding consent, such as “the number of officers

present” and the location and duration of the stop. United States v. Lattimore, 87 F.3d 647,

650 (4th Cir. 1996). “Consent given while in custody may still be voluntary.” United

States v. Boone, 245 F.3d 352, 362 (4th Cir. 2001); see also Lattimore, 87 F.3d at 651

(affirming voluntariness of oral consent when the Defendant was physically inside an

officer’s patrol vehicle).

Here, approximately five minutes into the stop, Officer Thomas asked the driver,

Kittisack Vorana, for his consent to search the vehicle. Vorana replied, “Go ahead, I see

you have a dog, you should use the dog too.” J.A. 71; J.A. 155. Right after that exchange,

Thomas asked Perez Valenzuela for his consent, and he also agreed. These exchanges took

place during Thomas’ questioning and during routine conversation. Perez Valenzuela and

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Vorana both understood English. Additionally, Thomas was the only officer present when

he asked for their consent, and neither Vorana nor Perez Valenzuela were physically inside

the officer’s vehicle. Under the totality of circumstances, these facts show that the consent

was voluntary, and therefore valid. See Buckner, 473 F.3d at 554. Officer Thomas’

subsequent search of vehicle and K-9 sniff did not violate Perez Valenzuela’s constitutional

rights.

Furthermore, Officer Thomas did not impermissibly prolong the stop prior to asking

for consent. The Supreme Court has explained that the “[a]uthority for the [traffic stop]

seizure . . . ends when tasks tied to the traffic infraction are—or reasonably should have

been—completed.” Rodriguez v. United States, 575 U.S. 348, 354 (2015). Here, Thomas

had not unlawfully prolonged the stop when Vorana and Perez Valenzuela gave Thomas

consent to search the vehicle because he asked for consent while he processed the traffic

citation. Thomas asked basic questions when he was obtaining documents from Vorana at

the vehicle. Thomas then asked Vorana to exit the vehicle while he conducted a records

check. Thomas continued talking with Vorana during the records check and asked for his

consent to search the vehicle while working on his in-car computer, which was necessary

to the mission of the traffic stop. Thomas estimated that his request for consent occurred

approximately five minutes after he initially stopped the vehicle. There is no indication

that the request for consent occurred after Thomas completed tasks tied to the traffic

violation or evidence that Thomas should have reasonably completed his tasks within five

to seven minutes. See id. Given these conclusions, we need not determine whether Thomas

had reasonable suspicion to extend the stop.

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Accordingly, because the district court did not err in denying Perez Valenzuela’s

motion to suppress, we affirm the district court’s judgment.

AFFIRMED