United States v. Jorge Zamora-Lopez
2012 U.S. App. LEXIS 15201
| 8th Cir. | 2012Background
- Zamora-Lopez pled guilty to conspiracy to distribute 500 grams or more of methamphetamine; district court sentenced him to 108 months' imprisonment.
- Zamora-Lopez appeals the denial of his motion to suppress evidence from a warrantless traffic stop.
- An informant led agents to Memo, a meth supplier who had purchased meth from Memo roughly every 3–5 days for about 3 years.
- The supplier described a recurring three-person pattern: supplier, Memo, and an unknown driver, often with Memo arriving in a silver SUV and using a separate vehicle for the exchange.
- Agents conducted a controlled buy on February 25, 2011; Memo and a driver (later identified as Zamora-Lopez) used a Jeep Cherokee in the operation.
- After a deputy followed the Jeep and signaled a stop, Zamora-Lopez was detained; a baggie of meth appeared when his coat pocket opened.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was the stop supported by reasonable suspicion? | Zamora-Lopez argues there was no reasonable suspicion. | Zamora-Lopez contends deputies reasonably suspected driver’s involvement. | Yes; the stop was supported by reasonable suspicion. |
Key Cases Cited
- Minnesota v. Dickerson, 508 U.S. 366 (1993) (plain-view-like observations during a Terry stop.)
- Terry v. Ohio, 392 U.S. 1 (1968) (authorized brief stops to investigate suspicious activity.)
- United States v. Stewart, 631 F.3d 453 (8th Cir. 2011) (reasonable-suspicion determination based on totality of the circumstances.)
- United States v. Jones, 269 F.3d 919 (8th Cir. 2001) (investigatory stop framework for vehicles.)
- Illinois v. Gates, 462 U.S. 213 (1983) (corroboration of informant tips supports probable cause.)
- United States v. Payne, 534 F.3d 948 (8th Cir. 2008) (standard of review for suppression rulings; de novo with clear-error factual findings.)
- United States v. Stachowiak, 521 F.3d 852 (8th Cir. 2008) (limits to which issues are considered on appeal when undeveloped.)
