No. 08-4284
Appeal from the United States District Court for the Western
District of North Carolina, at Statesville.
Richard L.
Voorhees, District Judge. (5:06-cr-00050-RLV-CH-1)
Submitted:
Decided:
PER CURIAM:
Alberto Gallardo-Gonzalez was charged with possession
with intent to distribute at least 500 grams of cocaine and
reentry by an illegal alien.
to
pled
challenge
ruling on appeal.
the
guilty
to
both
propriety
of
charges,
the
reserving
courts
his
suppression
We affirm.
Gary
Simpson
minivan
testified
after
that
witnessing
he
stopped
two
traffic
both
the
tags
identification number.
expiration
date
and
its
vehicle
suddenly to the right, across the fog line, and then move back
onto the highway.
We disagree.
letters
thereon.
Gallardo-Gonzalez
N.C.
maintains
Gen.
that
the
Stat.
20-63(g)
statute
applies
(2007).
only
to
Gallardo-Gonzalezs
contention,
the
statute
Contrary to
does
not
require
vehicle
for
violation
of
. .
20-146(a));
State v. Barnhill, 601 S.E.2d 215, 217 (N.C. Ct. App. 2004).
A routine traffic stop permits an officer to detain
the
motorist
to
request
drivers
3
license
and
vehicle
suspicion
activity is afoot.
on
the
officers
Id. at 336.
part
that
criminal
request
or
otherwise
terminate
the
encounter.
United States v. Meikle, 407 F.3d 670, 672 (4th Cir. 2005); see
Florida
v.
Bostick,
501
U.S.
429,
439
(1991).
district
following
the
traffic
stop,
Gallardo-Gonzalez
license
nothing amiss.
check.
Initial
computer
checks
turned
up
Gallardo-Gonzalez
could have left at any time because the passenger door was not
locked; however, he agreed to talk to Simpson for a few minutes.
Gallardo-Gonzalez
agreed.
called
Simpson
operator.
requested
K-9
unit
and
the
BLOCK
The K-9 officer promptly arrived, but the dog did not
operator
informed
alias
used
Gallardo-Gonzalez
by
Simpson
that
and
Kidnay
that
he
Torres
had
The
was
an
criminal
When he
over
and
acknowledged
that
this
was
his
real
name.
name
to
law
enforcement
officer,
and
again
two
discovered
kilograms
of
cocaine
was
under
the
vehicles
passenger seat.
We conclude that the district court did not clearly
err in finding Gallardo-Gonzalezs consent to be voluntary.
The
Simpson.
As
the
district
court
found,
Simpson
was
the
material
before
us
and
argument
would
not
aid
the
decisional process.
AFFIRMED