CA9: Failure to raise scope of consent was waiver of issue

Failure to raise exceeding scope of consent is a waiver. “We have held on multiple occasions that ‘just as failure to file a timely motion to suppress evidence constitutes a waiver, so too does a failure to raise a particular ground in support of a motion to suppress.’ E.g., United States v. Murillo, 288 F.3d 1126, 1135 (9th Cir. 2002).” United States v. Valencia-Reuvelta, 380 Fed. Appx. 684 (9th Cir. 2010) (unpublished).*

Defendant agreed to answer further questions during traffic stop. “About then, a second officer with a drug-sniffing dog arrived. Van Buren asked Norwood for permission to search the car. Norwood declined, saying ‘I just want to get home.’ Van Buren told him, ‘Wait right here.’ About a minute and a half later, the drug-sniffing dog went around Norwood’s car, and indicated the trunk. Searching there, officers found a kilogram of cocaine.” The additional two minutes was “de minimus” for the Fourth Amendment under $404,905 since there was reasonable suspicion from the suspicious travel plans, fast food wrappers in the car, and nervousness. United States v. Norwood, 377 Fed. Appx. 580 (8th Cir. 2010) (unpublished).