United States v. Jeffrey Drake

972 F.2d 1344 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Jeffrey DRAKE, Defendant-Appellant. No. 91-50594. United States Court of Appeals, Ninth Circuit. Submitted July 29, 1992. * Decided Aug. 10, 1992. Before TANG, BEEZER and KOZINSKI, Circuit Judges. 1 MEMORANDUM ** 2 Jeffrey Drake appeals from his conviction, following entry of a conditional guilty plea, for bank robbery in violation of 18 U.S.C. § 2113 (a). Drake contends that the district court erred by denying his motion to suppress evidence. He argues that the district court erroneously held that his encounter with police was not an arrest, and that the arrest was not supported by probable cause. Alternatively, he contends that the officers lacked founded suspicion for an investigatory stop. We have jurisdiction under 28 U.S.C. § 1291 and affirm. 3 The relevant facts are not in dispute. On April 12, 1991, Anaheim Police Investigators Wuest and Garrison…