Pulliam

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA,  No. 03-50550 Plaintiff-Appellant, v.  D.C. No.

CR-03-00710-TJH

DARRELL DOMINIQUE PULLIAM,

OPINION

Defendant-Appellee.  Appeal from the United States District Court for the Central District of California Terry J. Hatter, Chief District Judge, Presiding

Argued and Submitted October 8, 2004—Pasadena, California

Filed April 21, 2005

Before: J. Clifford Wallace, Thomas G. Nelson, and Kim McLane Wardlaw, Circuit Judges.

Opinion by Judge Wallace; Dissent by Judge Wardlaw

4529 4532 UNITED STATES v. PULLIAM

COUNSEL

Fred A. Rowley, Jr., Assistant United States Attorney, Los Angeles, California, for the plaintiff-appellant.

Elizabeth A. Newman, Deputy Federal Public Defender, Los Angeles, California, for the defendant-appellee.

OPINION

WALLACE, Senior Circuit Judge:

Following a lawful traffic stop of a car in which Defendant- Appellee Pulliam was a passenger, the police illegally detained him and the car’s driver, and illegally searched the car. The search produced a gun, and Pulliam was charged with being a felon in…