Carey

MEMORANDUM **

The Government takes this interlocutory appeal from the district court’s suppression order. We review de novo the district court’s determination that reasonable suspicion did not exist; 1 we review for clear error the court’s findings of fact.

The district court ruled that the officers had reasonable suspicion to stop Carey for driving without a license plate, but that reasonable suspicion dissolved once they determined that Carey’s van bore a proper temporary registration sticker, so Carey’s detention beyond that point was unconstitutional.

We reverse. Detective Sweet reasonably approached Carey’s window without first closely inspecting the temporary registration sticker, because contacting the driver protected his and Agent Baker’s safety. 3 The same holds for Agent Baker, who approached the rear of the van to see if there were any passengers. While Detective Sweet approached and spoke with Carey at front driver-side window, Agent Baker simultaneously approached the rear and rear driver-side windows and saw the unmelted snow on the duffle bag. The district court ruled that the officers’ reasonable suspicion of a traffic violation dissolved when they saw the…

dissenting.

I dissent. Once Officer Sweet had ascertained that Carey had a proper driver’s license and registration, the detention should have ended. See United States v. Chavez-Valenzuela, 268 F.3d 719, 724-25 (9th Cir.2001). The record suggests that Agent Baker discovered the snow-covered bag after that point; if there is any doubt on that score, we should require further findings rather than simply reversing.