Rand

United States v. Rand

Good Law
46 F. App'x 883
United States Court of Appeals for the Ninth CircuitSeptember 17, 2002No. 01-50601; D.C. No. CR-00-01158-CRM-01California358 words

Opinion

Lead Opinion

*884 MEMORANDUM ***

Lee Arnold Rand entered a conditional guilty plea to possession of stolen mail in violation of 18 U.S.C. § 1708 , reserving his claim that the stolen mail evidence should have been suppressed. The district court denied his suppression motion, and we affirm.

Sheriff Deputies Porowski and March lawfully approached Rand and co-defendant Aaron Gonzalez and spoke with them. This encounter was permissible as both a consensual conversation, see Florida v. Bostick, 501 U.S. 429, 434 , 111 S.Ct. 2382 , 115 L.Ed.2d 389 (1991), and as a lawful Terry stop. See Terry v. Ohio, 392 U.S. 1 , 88 S.Ct. 1868 , 20 L.Ed.2d 889 (1968). The officers had observed that Rand and Gonzalez were disturbing the peace by yelling at each other near the stairway of the motel. During the brief period of questioning, Gonzalez volunteered that his drivers license had been suspended, though he had keys to a nearby ear. Deputy March looked through the windshield of this ear, copied down its Vehicle Identification Number (VIN), and determined from a computer search that the car was stolen. This gave the officers further reason to detain Rand and Gonzalez to continue questioning them; accordingly,…

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