United States v. Jairo Benjamin Rivera-Raposa
── United States v. Jairo Benjamin Rivera-Raposa ──
Court: Court of Appeals for the Third Circuit
Date: May 19, 2026
Category: General
NOT PRECEDENTIAL
UNITED STATES COURT OF APPEALS
FOR THE THIRD CIRCUIT
_____________
No. 24-2354
_____________
UNITED STATES OF AMERICA
v.
JAIRO BENJAMIN RIVERA-RAPOSA,
Appellant
_____________
On Appeal from the United States District Court
for the Middle District of Pennsylvania
(D.C. No. 3:22-cr-00199-001)
District Judge: Honorable Robert D. Mariani
_____________
Submitted Pursuant to Third Circuit L.A.R. 34.1(a)
September 24, 2025
_____________
Before: CHAGARES, Chief Judge, MONTGOMERY-REEVES and MCKEE, Circuit
Judges
(Filed: May 19, 2026)
_____________________
OPINION
_____________________
This disposition is not an opinion of the full Court and pursuant to I.O.P. 5.7 does
not constitute binding precedent.
CHAGARES, Chief Judge.
Jairo Benjamin Rivera-Raposa pled guilty to possession with intent to distribute
500 grams or more of cocaine recovered from his vehicle after a traffic stop. Before
pleading guilty, he moved to suppress evidence obtained from a search of his vehicle on
the ground that the searching state police troopers impermissibly strayed from the
original mission of the traffic stop. The District Court denied the motion to suppress
following an evidentiary hearing, and Rivera-Raposa now appeals. Because we conclude
that Rivera-Raposa’s arguments are without merit, we will affirm the decision of the
District Court.
I.1
On March 24, 2022, Rivera-Raposa was stopped by Pennsylvania State Police
Troopers Brian Konopka and Robert Borkowski while he was traveling along Interstate
380, which Trooper Konopka understood to be a known drug-trafficking corridor. While
on patrol, Trooper Konopka noticed that Rivera-Raposa’s white Mazda SUV had
windows that were tinted beyond the level permitted by Pennsylvania law. The SUV also
had a license plate with a number indicating that it had been recently registered in New
York and appeared to belong to a car dealership located on Jerome Avenue in the Bronx,
New York, which Trooper Konopka understood to be a drug-trafficking hub. Trooper
Konopka stopped the SUV and asked the defendant, who was the sole occupant of the
vehicle, for his driver’s license. It was raining and tractor trailers were passing by on the
1
We write primarily for the parties and recite only the facts essential to our decision.
2
interstate. Accordingly, Trooper Konopka very briefly leaned his head slightly through
the passenger window while asking Rivera-Raposa questions.
Trooper Konopka asked Rivera-Raposa where he was going while the defendant
procured his license. Rivera-Raposa paused before answering that he was going to
Syracuse. In response to follow-up questions about his travel plans, Rivera-Raposa
explained that he was a phlebotomist traveling to Syracuse to administer an at-home
COVID-19 test. Rivera-Raposa appeared nervous and was shaking.
Trooper Konopka then leaned his head through the window and asked the
defendant about a garbage bag at the foot of the passenger seat.2 Appendix (“App.”)
Volume III (“Video”) at 2:25. Rivera-Raposa did not directly respond to the question but
instead rolled down the back pa
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