United States v. Rodriguez

CourtCourt of Appeals for the Tenth Circuit
DecidedJune 30, 2026
Docket25-1266
StatusUnpublished

This text of United States v. Rodriguez (United States v. Rodriguez) is published on Counsel Stack Legal Research, covering Court of Appeals for the Tenth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. Rodriguez, (10th Cir. 2026).

Opinion

Appellate Case: 25-1266 Document: 47-1 Date Filed: 06/30/2026 Page: 1 FILED United States Court of Appeals UNITED STATES COURT OF APPEALS Tenth Circuit

FOR THE TENTH CIRCUIT June 30, 2026 _________________________________ Christopher M. Wolpert Clerk of Court UNITED STATES OF AMERICA,

Plaintiff - Appellee,

v. No. 25-1266 (D.C. No. 1:24-CR-00210-GPG-1) CESAR E. RODRIGUEZ, (D. Colo.)

Defendant - Appellant. _________________________________

ORDER AND JUDGMENT * _________________________________

Before HOLMES, Chief Judge, MATHESON, and FEDERICO, Circuit Judges. _________________________________

Cesar Rodriguez was indicted on one count of possession with intent to

distribute a mixture or substance containing a detectable amount of fentanyl, in

violation of 21 U.S.C. §§ 841(a)(1) and (b)(1)(A)(vi). Following the district court’s

denial of his pretrial motion to suppress, Mr. Rodriguez conditionally pleaded guilty

subject to a reservation of rights permitting him to appeal the district court’s

suppression ruling. He pursues that appeal now. We conclude that Mr. Rodriguez’s

* After examining the briefs and appellate record, this panel has determined unanimously to honor the parties’ request for a decision on the briefs without oral argument. See Fed. R. App. P. 34(f); 10th Cir. R. 34.1(G). The case is therefore submitted without oral argument. This order and judgment is not binding precedent, except under the doctrines of law of the case, res judicata, and collateral estoppel. It may be cited, however, for its persuasive value consistent with Fed. R. App. P. 32.1 and 10th Cir. R. 32.1. Appellate Case: 25-1266 Document: 47-1 Date Filed: 06/30/2026 Page: 2

suppression motion was properly denied because his encounter with law enforcement

after the traffic stop ended was consensual. Exercising jurisdiction under 28 U.S.C.

§ 1291, we affirm.

I

Task Force Officer (“TFO”) 1 Erik Olson stopped Mr. Rodriguez’s car at

around 11:00 a.m. on Interstate 70 after observing him commit two traffic

violations—that is, continued travel in the passing lane and failure to maintain a

single lane. After making the stop, TFO Olson approached the passenger’s side of

the vehicle, explained to the driver, Mr. Rodriguez, the reasons for the stop, and

asked him for his driver’s license, registration, and insurance. Mr. Rodriguez

provided an identification card, registration, and proof of insurance.

Specifically, Mr. Rodriguez provided TFO Olson with a California

identification card bearing the name “Alexandro Rodriguez.” Aplee.’s Suppl. R.,

Vol. I, at 2:50–3:51 (TFO Olson’s Body Camera Video, dated Mar. 21, 2024). When

TFO Olson asked Mr. Rodriguez if he was “Alexandro,” he responded by saying,

“Yeah, Alexandro.” Id. at 3:47–3:51. But because the identification provided was

“only an ID card,” TFO Olson then asked Mr. Rodriguez if he had a driver’s license.

R., Vol. III, at 19 (Suppression Hr’g Tr., dated Jan. 17, 2025). Mr. Rodriguez

indicated he had a driver’s license but “just didn’t have it on him.” Id. The vehicle

1 Although employed by the Mesa County Sheriff’s Office, TFO Olson was detailed to the Western Colorado Drug Task Force as a K-9 handler and interdiction officer.

2 Appellate Case: 25-1266 Document: 47-1 Date Filed: 06/30/2026 Page: 3

was registered to a different “Rodriguez,” whom Mr. Rodriguez “claimed . . . was his

uncle[].” Id. at 33; see Aplee.’s Suppl. R., Vol. I, at 2:55–3:07 (“This is my uncle’s

car.”).

After Mr. Rodriguez provided his documents, TFO Olson asked Mr. Rodriguez

to come and wait with him in the patrol car while he ran his information through

dispatch. Mr. Rodriguez followed TFO Olson to the patrol car and sat in the

passenger’s seat—with the door open—while TFO Olson ran a records check. While

waiting, TFO Olson asked Mr. Rodriguez some questions about his travel plans. Mr.

Rodriguez stated that he was traveling from northern California to Colorado Springs,

Colorado for work. Specifically, he was heading to Colorado Springs for a tree-

cutting job.

Shortly thereafter, dispatch reported that “Alexandro’s” license was

suspended. TFO Olson asked Mr. Rodriguez about the suspended license; Mr.

Rodriguez responded that the license was suspended due to a missed payment.

The pair continued discussing Mr. Rodriguez’s reason for travel. Mr.

Rodriguez told TFO Olson that his boss for the tree-cutting job was paying him $300

a day and covering his gas expenses. Harboring some doubts about the business

sense of Mr. Rodriguez’s 1,300-mile-long trip from northern California to Colorado

Springs, TFO Olson asked Mr. Rodriguez some follow-up questions about the route

taken. In response, Mr. Rodriguez explained he was worried about snow on

Interstate 80, so he decided to travel south to Interstate 70. When TFO Olson sought

clarification about “what part” of Colorado Springs Mr. Rodriguez was headed to,

3 Appellate Case: 25-1266 Document: 47-1 Date Filed: 06/30/2026 Page: 4

Mr. Rodriguez responded by saying, “I don’t know . . . just a Motel 6.” Id. at 14:25–

14:40.

Before wrapping up the traffic stop, TFO Olson told Mr. Rodriguez that he

was only writing him a warning. Further, TFO Olson informed Mr. Rodriguez that

“technically . . . I’m not supposed to let you drive. But I’m not going to sit here and

babysit you and make you do something different. You know what I’m saying?” Id.

at 9:20–9:30.

A little while later, as TFO Olson finished writing the warning, he returned

Mr. Rodriguez’s insurance card and identification. He also returned the vehicle’s

registration. Thereafter, TFO Olson told Mr. Rodriguez, “Once I give this [i.e.,

warning] to you, you’ll be good to go, okay?” Id. at 15:15–15:20. A few seconds

later, TFO Olson handed Mr. Rodriguez the warning. Id. at 15:35–15:40.

After returning all of Mr. Rodriguez’s documentation and providing him with

the warning, TFO Olson asked if Mr. Rodriguez was willing to answer a few more

questions. Mr. Rodriguez did not leave. Instead, he stayed in the patrol car and

continued talking to TFO Olson and answering his questions.

During this continued conversation, Mr. Rodriguez explained to TFO Olson

that he took the four-hour-long detour down Interstate 15 to avoid snow. In response,

TFO Olson told Mr. Rodriguez that his story about traveling from northern California

to Colorado Springs to cut trees for two or three days was not “very logical.” Id. at

18:13–18:50. After that, TFO Olson followed up by asking Mr. Rodriguez how much

longer he had left on the drive to Colorado Springs. Mr. Rodriguez guessed, “like

4 Appellate Case: 25-1266 Document: 47-1 Date Filed: 06/30/2026 Page: 5

two hours; an hour.” Id. at 20:52–20:58. TFO Olson informed Mr. Rodriguez that he

was still five hours away from his purported destination.

When TFO Olson returned to the subject of the route taken, Mr. Rodriguez

admitted to stopping in Los Angeles and smoking marijuana. He also indicated that

there was marijuana in his vehicle.

Based on all this, TFO Olson called for backup so that he could turn his

attention to running his canine 2 around Mr. Rodriguez’s car.

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