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United States v. Jorge Zamora-Lopez
2012 U.S. App. LEXIS 15201
| 8th Cir. | 2012
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Background

  • 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.)
Read the full case

Case Details

Case Name: United States v. Jorge Zamora-Lopez
Court Name: Court of Appeals for the Eighth Circuit
Date Published: Jul 24, 2012
Citation: 2012 U.S. App. LEXIS 15201
Docket Number: 19-2254
Court Abbreviation: 8th Cir.