Bert

United States v. Bert

Good Law
40 F. App'x 466
United States Court of Appeals for the Ninth CircuitJune 4, 2002Nos. 01-10175, 01-10214; D.C. No. CR-00-00012-LKKCalifornia1,911 words

Opinion

Lead Opinion

MEMORANDUM *

We affirm Bert’s convictions. We address all of the issues Bert raises on appeal in this unpublished memorandum. We address the Government’s cross-appeal in a contemporaneously filed published opinion.

*468 I. Bert’s Motion To Suppress

We reject Bert’s argument that he was detained and searched in violation of the Fourth Amendment when he and the officers left the train terminal building. We conclude that the officers had reasonable suspicion to detain Bert outside the building and obtained the drugs in a valid search incident to arrest.

“[T]he police can stop and briefly detain a person for investigative purposes if the officer has a reasonable suspicion supported by articulable facts that criminal activity ‘may be afoot,’ even if the officer lacks probable cause.” 2 In determining whether reasonable suspicion supported a detention, a court “must look at the totality of the circumstances of each case to see whether the detaining officer has a particularized and objective basis for suspecting legal wrongdoing.” 3 While mere correspondence to a drug courier profile does not provide reasonable suspicion, 4 the combination of a profile match with factors such as…

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