Erickson

United States v. Erickson

Good Law
18 F. App'x 589
United States Court of Appeals for the Ninth CircuitAugust 31, 2001Nos. 00-50147, 00-50149; D.C. Nos. CR-98-00001-RT-01, CR-98-00001-RT-02California751 words

Opinion

Lead Opinion

MEMORANDUM *

Gregory Erickson and Jason Herrin appeal the district court’s denial of their joint motion to suppress evidence. This court has jurisdiction pursuant to 28 U.S.C. § 1291 and we affirm. Because the parties are familiar with the facts, we will not detail them here except as necessary.

A district court’s factual findings in support of its denial of a motion to suppress are reviewed for clear error. United States v. Noushfar, 78 F.3d 1442, 1447 (9th Cir.1996). Whether an investigatory stop is unreasonably prolonged and escalates into an arrest is reviewed de novo. United States v. Torres-Sanchez, 83 F.3d 1123, 1127 (9th Cir.1996). Where the district court makes credibility findings in favor of an officer over a defendant, we will reverse the court’s finding that the defendant voluntarily consented to a search only if the finding was clearly erroneous. United States v. Perez, 37 F.3d 510, 514-15 (9th Cir.1994).

Appellants concede that the officers had a legitimate traffic reason to stop them-the cracked windshield. See Cal. Veh.Code §§ 26710, 26700(a) (West 2000). As long as the officers had probable cause to stop the car, which they did, it does not matter whether the…

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