United States v. Manuel Lopez-Ibarra

MEMORANDUM

Manuel Lopez-Ibarra (“Lopez”) appeals his conviction for possession with intent to distribute 153 kilograms of marijuana, arguing error in the district court’s denial of his suppression motion. We affirm.

An investigatory detention — a brief, warrantless seizure by police officers' — is lawful if based on reasonable suspicion. Terry v. Ohio, 392 U.S. 1, 20-21 , 88 S.Ct. 1868 , 20 L.Ed.2d 889 (1968). A seizure occurs at the moment when “police physically subdue the subject.” United States v. Santamaria-Hernandez, 968 F.2d 980, 983 (9th Cir.1992) (defendant not seized for Fourth Amendment purposes “until he was physically apprehended by the border patrol agents at the end of the chase”); see also California v. Hodari, D., 499 U.S. 621, 628-29 , 111 S.Ct. 1547 , 113 L.Ed.2d 690 (1991); Brower v. County of Inyo, 489 U.S. 593, 599 , 109 S.Ct. 1378 , 103 L.Ed.2d 628 (1989). Submission to a police officer’s show of authority is determined by the physical stop and surrender of the defendant, and not by any other movements or indications. See United States v. Hernandez, 27 F.3d 1403, 1407 (9th Cir.1994).

Here, a seizure did not occur when Peralta turned on his overhead lights…