United States v. Elijah Martinez, 403 F. App'x 182

Martinez challenged the district court’s denial of his motion to suppress after a conditional guilty plea for possession with intent to distribute and possession of a firearm by a prohibited person.
The initial traffic stop was based on an observed infraction when Martinez swerved into the trooper’s lane nearly hitting the patrol car.
The district court found the stop reasonable and that the officer’s expansion of the stop was justified by evolving grounds of suspicion of drug use.
A pat-down occurred during the continued stop, which the district court deemed reasonable under the totality of circumstances.
Martinez was arrested for driving under the influence of drugs, after which the officer searched the vehicle incident to arrest for evidence relevant to the arresting crime.
The district court concluded the vehicle search complied with Arizona v. Gant, and the district court’s denial of suppression was affirmed on appeal.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Was the initial traffic stop reasonable under the Fourth Amendment?	Martinez argues the stop was not supported by an observed infraction.	The government contends the stop was reasonable based on Martinez’s swerving into the lane.	Yes; the stop was reasonable.
May the stop be expanded when officers develop additional grounds for suspecting crime?	Martinez challenges the expansion of the stop and questioning beyond the initial purpose.	The government asserts the totality of circumstances justified expansion for drug-suspect grounds.	Yes; expansion was justified.
Was the pat-down of Martinez permissible during the continued stop?	Martinez challenges the reasonableness of the pat-down.	The government argues the pat-down was reasonable under Terry and the evolving circumstances.	Yes; pat-down reasonable.
Was the vehicle search incident to arrest permissible under Gant?	Martinez contends the vehicle search exceeded permissible limits.	The government maintains the search was for evidence relevant to the crime of arrest.	Yes; search valid under Gant.

Whren v. United States, 517 U.S. 806 (Supreme Court, 1996) (traffic stops based on observed infractions are reasonable)
Willis v. United States, 431 F.3d 709 (9th Cir. 2005) (expands on post-stop detentions considerations)
Terry v. Ohio, 392 U.S. 1 (Supreme Court, 1968) (allowed stop and frisk with reasonable suspicion)
Mimms v. United States, 434 U.S. 106 (Supreme Court, 1977) (officer may ask driver to exit vehicle during stop)
United States v. Turvin, 517 F.3d 1097 (9th Cir. 2008) (limits and scope of investigative detentions)
United States v. Mayo, 394 F.3d 1271 (9th Cir. 2005) (totality of circumstances to justify extended stops)
Arizona v. Gant, 556 U.S. 332 (Supreme Court, 2009) (scope of vehicle search incident to arrest; when permissible)