United States v. Edward Martin Sanchez, United States of America v. Edward Martin Sanchez

37 F.3d 1507 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Edward Martin SANCHEZ, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellant, v. Edward Martin SANCHEZ, Defendant-Appellee. Nos. 93-50373, 93-50420. United States Court of Appeals, Ninth Circuit. Submitted Aug. 2, 1994. * Decided Oct. 14, 1994. Before: BROWNING, FARRIS, and LEAVY, Circuit Judges. 1 MEMORANDUM ** I. 2 The initial stop of Sanchez was an investigatory stop. Ordering Sanchez out of the taxi cab at gun point did not convert the investigative stop into a warrantless arrest. United States v. Del Vizo, 918 F.2d 821, 824 (9th Cir.1990). Sanchez was not under arrest simply because he was not free to leave. United States v. Greene, 783 F.2d 1364, 1367 (9th Cir.1986) ("A valid stop does not become an arrest merely because law enforcement agents momentarily restrict a person's freedom of movement."). The police can take "reasonable measures to…