Walker

MEMORANDUM **

Donnie Rae Walker appeals his conviction for conspiracy to possess with the intent to distribute methamphetamine in violation of 21 U.S.C. § 846 , pursuant to a conditional plea agreement. Walker argues that the police officers at the scene lacked probable cause to arrest him and that the district court therefore erred in denying his motion to suppress evidence seized through a warrantless search of his vehicle. “Whether police had probable cause to arrest is a mixed question of law and fact, which we review de novo.” United States v. Buckner, 179 F.3d 834, 837 (9th Cir.1999) (citation omitted). We conclude that the officers had probable cause to arrest Walker and therefore affirm. Because the facts are familiar to the parties, we recount them only as necessary to explain our decision.

1. As an initial matter, we disagree with the United States’ contention that Walker’s detention was justified under Terry v. Ohio, 392 U.S. 1 , 88 S.Ct. 1868 , 20 L.Ed.2d 889 (1968). Our standard of review is de novo. United States v. Miles, 247 F.3d 1009, 1012 (9th Cir.2001) (“whether a seizure exceeds the bounds of a Terry stop and becomes a de facto arrest is reviewed de novo.”)…