United States v. Orozco
9th Cir.; 15-10385 The court of appeals reversed a judgment of conviction and remanded. The court held that a traffic stop made on pretext of inspecting…
June 02, 2017 at 06:31 PM
2 minute read
9th Cir.;
15-10385
The court of appeals reversed a judgment of conviction and remanded. The court held that a traffic stop made on pretext of inspecting the driver's paperwork was unlawful where the stop would not have happened but for the officer's belief that the vehicle was transporting narcotics.
Nevada state troopers were alerted regarding a tractor-trailer that might be transporting controlled substances. They were advised they would have to develop their own probable cause to stop the truck. When the troopers spotted the truck, they pulled it over on pretense of conducting an administrative inspection of the driver's paperwork. Despite numerous violations of commercial vehicle regulations discovered in the course of the paperwork inspection, they did not issue a citation. They instead requested and obtained permission to search the truck. During the ensuing search, they discovered twenty-six pounds of methamphetamine and six pounds of heroin. Driver Victor Orozco was arrested on drug trafficking charges.
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