United States v. Charles Wilson Chester

2 F.3d 1158 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Charles Wilson CHESTER, Defendant-Appellant. No. 92-10576. United States Court of Appeals, Ninth Circuit. Argued and Submitted June 17, 1993. Decided Aug. 2, 1993. Before FAIRCHILD, * BEEZER and WIGGINS, Circuit Judges. 1 MEMORANDUM ** I. OVERVIEW 2 Charles Wilson Chester was convicted of bank robbery, 18 U.S.C. Sec. 2113 (a) & (d), and use of a deadly weapon in the commission of a crime of violence, 18 U.S.C. Sec. 924 (c). Chester raises the following issues on appeal: (1) whether the officers' decision to stop and question him was based upon a founded suspicion; (2) whether the stop and questioning amounted to an arrest; (3) whether Chester's consent to the warrantless search of his automobile was tainted; and (4) whether the identification procedure employed at the scene of the crime was proper. Based on the discussion below, we affirm. II. FACTS 3 On July 1,…