United States v. Roderic Scott Russell

45 F.3d 438 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Roderic Scott RUSSELL, Defendant-Appellant. No. 93-50491. United States Court of Appeals, Ninth Circuit. Argued and Submitted Nov. 3, 1994. Decided Dec. 29, 1994. Before: WIGGINS, KOZINSKI and THOMPSON, Circuit Judges. 1 MEMORANDUM * 2 1. The district court did not err in denying Russell's motion to suppress. 3 The officers executed a valid Terry stop motivated by a legitimate, non-pretextual investigatory purpose: determining whether the driver of the vehicle was under the influence of narcotics. Reasonable suspicion justified the stop. The officers observed the truck driving erratically and had been informed that the occupants of the truck were in possession of illegal drugs. 4 The officers' use of force in executing the stop did not transform it into an arrest. The stop occurred late at night in the middle of the desert, and involved three suspects who were…