United States v. David M. Maqueira

70 F.3d 121 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. David M. MAQUEIRA, Defendant-Appellant. No. 95-10030. United States Court of Appeals, Ninth Circuit. Argued and Submitted Nov. 8, 1995. Decided Nov. 13, 1995. Before: HUG, THOMPSON, and O'SCANNLAIN, Circuit Judges. 1 MEMORANDUM * 2 Appellant David M. Maqueira entered a conditional plea of guilty to possession of cocaine with intent to distribute. On appeal, he challenges the district court's denial of his motion to suppress. He contends that the police officer's initial interview with him transformed a consensual encounter into an illegal investigative seizure of his person, unsupported by articulable, reasonable suspicion, when the officer requested appellant to consent to a pat-down search. He also contends that the pat-down search of his person was involuntary and that the discovery of cocaine on his person by the officer did not give rise to probable cause to…