United States v. Hugo Medina-Hernandez

MEMORANDUM

After stopping a car driven by Hugo Medina-Hernandez (“Medina”), narcotics officers eventually discovered cocaine in clear plastic bags near Medina’s groin area. The district court granted Medina’s, motion to suppress, holding, inter alia, that (1) the officers lacked reasonable suspicion to frisk Medina; (2) Medina was arrested at the moment he exited the vehicle; and (3) the officers lacked probable cause to arrest and search Medina. The government appeals and we reverse.

First, Trooper Kiel properly frisked Medina immediately after stopping Medina’s vehicle. Before frisking Medina, an objective officer in Trooper Kiel’s position knew that Medina was driving a car in which Ochoa was a passenger; that Medina had been seen in Ochoa’s presence on numerous occasions; that the officers had probable cause to search and arrest Ochoa for drug trafficking; and that Ochoa had previously been arrested while in possession of a firearm. Additionally, at the time of the frisk, Trooper Kiel was outnumbered two to one. Under these circumstances, Medina’s frisk was proper. See United States v. Davis, 530 F.3d 1069, 1082-83 (9th Cir.2008) (holding that reasonable concerns for officer…