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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

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…

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Name: U.S. v. Chavez-Valenzuela
Case #: 00-50075
Court: US Court of Appeals
District 9 Cir
Opinion Date: 10/15/2001
Subsequent History: Opn amended 2/13/02 & rehearing en banc rejected

Appellant was pulled over by the California Highway Patrol (CHP) for a traffic violation, and detained for seven minutes while the CHP officer checked his license and registration. After the officer learned that both were valid, he asked for and received consent to search the vehicle, because he thought that appellant looked "nervous." Officers seized methamphetamine found in the vehicle. The appellate court here reversed the denial of appellant’s suppression motion. Nervousness during a traffic stop, in the absence of other objective factors, does not support a reasonable suspicion of criminal activity, and did not justify…

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Name: U.S. v. Dorais
Case #: 99-10091
Court: US Court of Appeals
District 9 Cir
Opinion Date: 03/01/2001
Subsequent History: None

The denial of a motion to suppress evidence was affirmed where appellant Gomes had no privacy interest in a hotel room she had checked out of prior to the search of the room. Co-appellant Dorais' privacy interest had expired at checkout time, which was noon, and before the entry at 12:40. The stop of appellants' rental car was also proper because police officers had received a report that the rental vehicle was "overdue." Because officers were acting on a reasonable suspicion based on information from the car rental company, their stop of the car was reasonable even…

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