United States v. Jose Ramon Bustillos ( 2001 )


Menu:
  •                      United States Court of Appeals
    FOR THE EIGHTH CIRCUIT
    ___________
    No. 00-3748
    ___________
    United States of America,                *
    *
    Appellee,                   *
    * Appeal from the United States
    v.                                 * District Court for the
    * District of Minnesota.
    Jose Ramon Bustillos,                    *
    *    [UNPUBLISHED]
    Appellant.                  *
    ___________
    Submitted: July 2, 2001
    Filed: July 6, 2001
    ___________
    Before BOWMAN, BEAM, and LOKEN, Circuit Judges.
    ___________
    PER CURIAM.
    Following a conditional guilty plea to conspiring to distribute cocaine, in
    violation of 
    21 U.S.C. §§ 841
    (a)(1), (b)(1)(B), and 846, Jose Ramon Bustillos
    challenges the district court’s1 denial of his motion to suppress evidence seized during
    a traffic stop. Having carefully reviewed the record, including the testimony presented
    at the suppression hearing, we agree with the district court that the traffic stop was
    lawful, given that the officer involved had reason to believe the car that appellant was
    1
    The Honorable Donovan W. Frank, United States District Judge for the District
    of Minnesota, adopting the report and recommendation of the Honorable Arthur J.
    Boylan, United States Magistrate Judge for the District of Minnesota.
    driving was unregistered. We also agree that appellant was not detained for an
    unreasonable length of time after the stop. See United States v. Peltier, 
    217 F.3d 608
    ,
    610 (8th Cir. 2000) (traffic stop was lawful where vehicle had no license plate and
    tinted windows prevented deputy from seeing temporary registration application);
    United States v. Allegree, 
    175 F.3d 648
    , 650 (8th Cir.) (officer reasonably believed,
    although mistakenly, that vehicle violated operating statutes and thus was entitled to
    stop car; because officer’s suspicions were aroused during traffic stop, he was entitled
    to expand scope of questioning and subsequent voluntary consent to search was valid),
    cert. denied 
    528 U.S. 958
     (1999); United States v. $404,905.00 in U.S. Currency, 
    182 F.3d 643
    , 647 (8th Cir. 1999) (following valid traffic stop, officer may detain motorist
    while completing routine but time-consuming tasks, such as computerized checks of
    vehicle’s registration, driver’s license, and criminal history), cert. denied, 
    528 U.S. 1161
     (2000).
    Accordingly, we affirm. See 8th Cir. R. 47B.
    A true copy.
    Attest:
    CLERK, U.S. COURT OF APPEALS, EIGHTH CIRCUIT.
    -2-
    

Document Info

Docket Number: 00-3748

Judges: Bowman, Beam, Loken

Filed Date: 7/6/2001

Precedential Status: Non-Precedential

Modified Date: 11/5/2024