United States v. Orozco, No. 15-10385 (9th Cir. 2017)Annotate this Case
The Ninth Circuit reversed the denial of a motion to suppress evidence from a stop of a tractor-trailer driven by defendant. The panel held that it did not matter that a Nevada administrative scheme that allowed law enforcement officers to make stops of commercial vehicles and conduct limited inspections without reasonable suspicion was valid on its face, because the objective evidence established beyond doubt that this stop was a pretext for a stop to investigate information of suspected criminal activity short of that necessary to give rise to reasonable suspicion. The panel explained that the consent to search that was obtained after defendant had been detained for approximately an hour was the fruit of the unlawful stop. The evidence found pursuant to the consent search was also fruit of the unlawful stop.