United States v. Veronica Sandoval

538 F. App'x 821

• Court: Court of Appeals for the Ninth Circuit
• Decided: August 20, 2013
• Docket: 12-10250
• Status: Unpublished

Opinion

MEMORANDUM *

Defendant Veronica Guadalupe Sandoval appeals the district court’s denial of a motion to suppress evidence of a large quantity of marijuana found in her horse trailer. We review de novo the denial of the motion but review for clear error the underlying findings of fact. United States v. Basher, 629 F.3d 1161, 1165 (9th Cir.2011). We affirm.

1. Reasonable suspicion justified the traffic stop. The officers’ testimony, which was credited and not contradicted, established a traffic violation, which suffices to justify a stop. United States v. Miranda-Guerena, 445 F.3d 1233, 1236 (9th Cir.2006). The officers also had a reasonable suspicion that Defendant was transporting drugs, based on a detailed and reliable informant’s tip.

2. The district court did not clearly err, United States v. Washington, 490 F.3d 765, 769 (9th Cir.2007), in finding that Defendant voluntarily consented to the search. Several facts support the finding that she was not coerced, including advice that Defendant could withdraw her consent at any time, her retention of the keys to her vehicle, and the absence of potentially intimidating measures such as handcuffs or displayed firearms.

AFFIRMED.

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