United States v. Clifford Stokes

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS FEB 17 2022

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA, No. 21-10069

Plaintiff-Appellant, D.C. Nos. 3:19-cr-00697-VC-1 3:19-cr-00697-VC v.

CLIFFORD LAVERN STOKES, MEMORANDUM*

Defendant-Appellee.

Appeal from the United States District Court for the Northern District of California Vince Chhabria, District Judge, Presiding

Argued and Submitted February 8, 2022 San Francisco, California

Before: HURWITZ and VANDYKE, Circuit Judges, and ERICKSEN,** District Judge.

The government appeals the district court’s order granting a motion to

suppress a firearm and ammunition seized after a traffic stop. We reverse.

1. Clifford Stokes was a passenger in a vehicle that two San Francisco police

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The Honorable Joan N. Ericksen, United States District Judge for the District of Minnesota, sitting by designation. 1 officers stopped because it lacked…