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Mario Iturrios-Lopez appealed a 2018 Mesa County conviction in which he was sentenced to 24 years for drug distribution but was denied by the Colorado Court of Appeals last week.

During a bench trial, Iturrios-Lopez was found guilty of possession with intent to distribute more than 225 grams of a controlled substance after officers found 2.7 pounds of cocaine hidden in a secret compartment in the vehicle he was driving.

Iturrios was pulled over for failing to signal a lane change for 200 feet before changing lanes in November 2017, according to the Colorado Court of Appeals decision.

Before trial, Iturrios-Lopez attempted to suppress the drugs found during the search, arguing that it was a ruse and that his detention after the trooper issued his traffic warning was unlawful, he said.

The prosecution presented evidence during trial that he agreed to a written consent of the search.

The trial court ruled that the stop was proper because there was a sufficient break between the initial stop and the re-engagement to convert the second conversation into a consensual encounter. The Colorado Court of Appeals agreed.

The Fourth Amendment of the U.S. The Constitution protects against unreasonable searches and seizures.

Generally, the officers return of the citizens documentation is an indication that the encounter has become consensual, according to the court.

In its decision, the Colorado Court of Appeals assessed whether a reasonable person would believe that he or she was free to leave or disregard the officers request for information before making its decision.

When the trooper returned to the car, he reportedly gave Iturrios-Lozez a written warning on the turn signal violation and returned his license and registration, then he turned around and headed back to his car, but stopped and asked Iturrios-Lopez if he could ask him a few more questions.

Iturrios-Lopez agreed and the trooper leaned through the passenger window and asked if he had anything illegal in the vehicle. Iturrios- Lopez said no and agreed to a search of the vehicle when asked.

Thats when the search discovered the 2.7 pounds of cocaine in the hidden compartment.

The Court of Appeals agreed with the trial court that the traffic stop ended when the trooper returned his documents and the ensuing interaction in which Iturrios-Lopez agreed to the search was a consensual encounter.

The court ruled that there was sufficient time for Iturrios-Lopez to leave and sufficient time for the second conversation to convert to a consensual contact.

The Court of Appeals also noted that although English was not Iturrios-Lopezs native language, he was able to converse with the trooper and there was no evidence that he did not understand what the trooper was saying. The written consent form to search the vehicle was also written in Spanish.

The Court said that Iturrios could have declined to re-engage but instead agreed to answer more questions.

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24 year drug sentence upheld by Colorado Court of Appeals - The Grand Junction Daily Sentinel