CA5: Consent from immigration stop of citizen within 30 seconds was valid

Consent during immigration stop as an interstate bus was boarding was valid; here granted within 30 seconds. Subjective intent irrelevant. United States v. Castille, 478 Fed. Appx. 868 (5th Cir. 2012)*:

Because the permissible duration of an immigration checkpoint stop includes the time necessary to inquire about citizenship status, request documentation, and request consent to extend the detention, the 30-second stop of each defendant in this case, during which Pacheco asked each defendant about his citizenship status and for consent to search, “lasted no longer than necessary to fulfill its immigration-related purpose.” See Machuca-Barrera, 261 F.3d at 429, 435; see also United States v. Jaime, 473 F.3d 178, 185-86 (5th Cir. 2006). The scope and duration of the immigration checkpoint stop remained valid even though Agent Pacheco had concluded that both Lewis and Castille were United States citizens before he asked for consent to search. See Jaime, 473 F.3d at 185. Furthermore, because the scope and duration of the immigration checkpoint stop were permissible, we will not inquire into Agent Pacheco’s motivation in asking for consent to search. See Machuca-Barrera, 261 F.3d at 432-34. Finally, because Agent Pacheco requested consent to search during the course of his immigration inspection of the passengers on the bus, our decision in Portillo-Aguirre is inapplicable here. See Jaime, 473 F.3d at 185-88.