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Name: U.S. v. Murillo
Case #: 0-10042
Court: US Court of Appeals
District 9 Cir
Opinion Date: 07/06/2001
Subsequent History: None
Summary

In this fact intensive case, the court held that the officer’s further field investigation was justified by his reasonable and articulable suspicion that criminal activity was afoot based upon his observations and questioning of the motorist who had been stopped for tailgating. The court listed these factors: the motorist’s extreme nervousness, distinct lack of eye contact at crucial moments in their conversation, inability to explain his travel plans, elevated heart rate, and evidence of a long road trip in a short time frame in a rental car. These suspicious circumstances justified the broadening of the scope of the officer’s questions. The court also concluded that Murillo’s written consent to search the car was voluntary.