United States v. Delgado-Hernandez

MEMORANDUM **

Pablo Delgado-Hernandez (“Delgado-Hernandez”) appeals the district court’s denial of his motion to suppress evidence seized during a traffic stop. Following the denial of his motion, Delgado-Hernandez entered a conditional guilty plea for violations of 21 U.S.C. §§ 841(a)(1), (b)(l)(B)(ii), Possession of a Controlled Substance with Intent to Distribute. He is currently serving a forty-six-month sentence. Because the evidence seized from Delgado-Hernandez’s car followed an unconstitutional traffic stop, we REVERSE.

I

On the night of August 3, 2004, Nevada Highway Patrol (“NHP”)…