United States v. Bobbie Ray Finch

891 F.2d 296 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. UNITED STATES of America, Plaintiff-Appellee, v. Bobbie Ray FINCH, Defendant-Appellant. No. 88-5456. United States Court of Appeals, Ninth Circuit. Submitted Oct. 24, 1989 * . Decided Dec. 7, 1989. Before ALARCON, O'SCANNLAIN, and LEAVY, Circuit Judges. 1 MEMORANDUM * 2 Appellant Bobby Ray Finch (Finch) appeals from his conviction following his entry of a conditional plea of guilty to possession of cocaine with intent to distribute in violation of 21 U.S.C. § 841 (a)(1). Specifically, Finch challenges the district court's denial of his motion to suppress evidence. Finch contends on appeal that officers' initial contact with him was a seizure within the meaning of the fourth amendment in that reasonable suspicion did not exist for the officers to make the investigatory stop, and that the evidence they subsequently seized was thus tainted and therefore inadmissible. Finch also contends that his consent to a…