Watts

United States v. Watts

Good Law
44 F. App'x 248
United States Court of Appeals for the Ninth CircuitAugust 15, 2002No. 01-10724; D.C. No. CR. S 01-64 LKKCalifornia351 words

Opinion

Lead Opinion

MEMORANDUM **

Mackey R. Watts, II, pled guilty to a one count indictment of being a felon in possession of a firearm in violation of 18 U.S.C. § 922 (g)(1). He challenges the district court’s denial of his motion to suppress evidence. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

“We review a district court’s denial of a motion to suppress evidence de novo and its factual findings for clear error.” United States v. Summers, 268 F.3d 683, 686 (9th Cir.2001), cert, denied, — U.S.-, 122 S.Ct. 1182 , 152 L.Ed.2d 124 (2002); see also United States v. $109,179 in United States Currency, 228 F.3d 1080, 1083-84 (9th Cir.2000). “We determine whether there was a founded suspicion for a pat-down search based on a totality of the circumstances.” United States v. Salas, 879 F.2d 530, 535 (9th Cir.1989). When an officer reasonably believes that “the individual whose suspicious behavior he is investigating at a close range is armed,” he may conduct a limited search of the individual for weapons. Adams v. Williams, 407 U.S. 143, 146 , 92 S.Ct. 1921 , 32 L.Ed.2d 612 (1972); see also Terry v. Ohio, 392 U.S. 1, 28 , 88 S.Ct. 1868 , 20 L.Ed.2d 889 (1968); United States v. Post,…

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