United States v. Travis Zabroski

MEMORANDUM

Travis Zabroski appeals the denial of his motion to suppress evidence following his plea of guilty to Possession with Intent to Distribute Methanphetamine, 21 U.S.C. § 841 (b)(1)(c), and Felon in Possession of a Firearm, 18 U.S.C. § 922 (g)(1). In his plea agreement,' Zabroski reserved his right to appeal the denial of his motion to suppress. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

1. We review de novo the denial of a motion to suppress. United States v. Edwards, 761 F.3d 977, 981 (9th Cir.2014); see also United States v. Arvizu, 534 U.S. 266, 275 , 122 S.Ct. 744 , 151 L.Ed.2d 740 (2002) (whether reasonable suspicion existed is reviewed de novo); United States v. Thompson, 282 F.3d 673, 676 (9th Cir. 2002) (whether a seizure exceeds the bounds of a valid investigatory stop and becomes a de facto arrest is reviewed de novo).

2. In the context of an investigatory stop, “the Fourth Amendment is satisfied if the officer’s action is supported by reasonable suspicion to believe that criminal activity may be afoot.” Arvizu, 534 U.S. at 273 , 122 S.Ct. 744 (internal quotation marks omitted). The stop must be “justified by some objective manifestation…