Phillips

United States v. Phillips

Good Law
46 F. App'x 894
United States Court of Appeals for the Ninth CircuitSeptember 25, 2002No. 01-30396; D.C. No. CR-01-00161-BR-03California691 words

Opinion

Lead Opinion

MEMORANDUM *

Brandy Michelle Phillips appeals her conviction of mail theft. We have jurisdiction pursuant to 18 U.S.C. § 1291 and affirm.

A. Reasonable Suspicion

The district court correctly denied Phillips’ motion to suppress all physical evidence seized by police on February 16, *895 2001, and all statements, oral and otherwise, made by Phillips to police that same morning. An officer may lawfully stop a vehicle if he or she “has a particularized and objective basis for suspecting legal wrongdoing.” 1 Officer Ruark possessed specific knowledge of articulable facts that justified the stop. The length of time the van stayed in the driveway was inconsistent with newspaper deliveries. The time of day was inconsistent with people going to work or to their homes. In an otherwise open turnout, the van was maneuvered to park parallel to the mailboxes. There had been at least one recent report of mail theft in the area. Further, after the patrol car pulled in behind the van, the driver’s conduct, the rocking of the van, and the flashing of the brake lights also supported the stop.

Phillips’ contention that each of the factors can be ascribed to innocent conduct does not change the…

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