United States v. Charles Scott McCloskey

967 F.2d 594 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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-Appellant, v. Charles Scott McCLOSKEY, Defendant-Appellee. No. 91-50432. United States Court of Appeals, Ninth Circuit. Submitted May 6, 1992. Decided June 11, 1992. Before JAMES R. BROWNING and FARRIS, Circuit Judges, and MACBRIDE, ** District Judge. MEMORANDUM *** The United States appeals the district court's grant of McCloskey's motion to suppress evidence. We have jurisdiction pursuant to 18 U.S.C. § 3731 . We reverse and remand. 1. Investigatory stop of McCloskey The investigatory stop was justified by McCloskey's traffic violation. In United States v. Lillard, 929 F.2d 500, 502 (9th Cir.1991), the officer testified that he knew that Lillard was suspected of manufacturing methamphetamine but stopped Lillard for driving recklessly in violation of Oregon law. We held that the stop was justified by the traffic violation and rejected Lillard's pretext argument. See id.…