FILED
NOT FOR PUBLICATION AUG 11 2014
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 13-30195
Plaintiff - Appellee, D.C. No. 2:12-cr-02001-RMP-1
v.
MEMORANDUM*
SALVADOR PULIDO VALENCIA,
Defendant - Appellant.
UNITED STATES OF AMERICA, No. 13-30197
Plaintiff - Appellee, D.C. No. 2:12-cr-02001-RMP-2
v.
VICTOR HUGO SANTA CRUZ
BARRIGA,
Defendant - Appellant.
Appeal from the United States District Court
for the Eastern District of Washington
Rosanna Malouf Peterson, Chief District Judge, Presiding
Argued and Submitted July 9, 2014
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
Seattle, Washington
Before: ALARCÓN, KLEINFELD, and MURGUIA, Circuit Judges.
Salvador Pulido Valencia and Victor Hugo Santa Cruz Barriga appeal the
district court’s denial of their motions to suppress. We have jurisdiction under 28
U.S.C. § 1291, and we affirm.
1. We conclude that reasonable suspicion supported the stop of the truck. See
United States v. Palos-Marquez, 591 F.3d 1272, 1274-75 (9th Cir. 2010). The
investigating officers reasonably suspected that the truck’s occupants were acting
with a methamphetamine supplier and were on their way to meet with the
cooperating methamphetamine purchaser to complete a methamphetamine sale.
2. The stop was also reasonable in its duration. Once the cooperating source
identified the driver and passenger, the officers had probable cause to search the
truck and therefore to detain the driver and passenger until the search warrant
arrived. See Chambers v. Maroney, 399 U.S. 42, 50-52 (1970) (holding that seizing
and holding a car on probable cause until a search warrant is obtained is reasonable
under the Fourth Amendment).
3. Even assuming that Officer Lee deliberately or recklessly did not tell Agent
Leahy about the negative drug dog sniffs, the omitted drug dog sniffs were not
material. See Franks v. Delaware, 438 U.S. 154, 156 (1978); United States v.
Stanert, 762 F.2d 775, 781 (9th Cir. 1985) (extending Franks to deliberate or
reckless omissions). In light of the totality of the circumstances, the probable cause
affidavit still would have established a “fair probability” that contraband would be
found in the truck, even if the negative sniffs were included. See Illinois v. Gates,
462 U.S. 213, 238 (1983).
AFFIRMED.