Almendarez

United States v. Almendarez

Good Law
53 F. App'x 832
United States Court of Appeals for the Ninth CircuitDecember 17, 2002No. 02-10133; D.C. No. CR-01-00203-MHPCalifornia737 words

Opinion

Lead Opinion

MEMORANDUM *

Jimmy Almendarez was arrested on May 22, 2001 in San Francisco’s Mission *833 district for, inter alia, possession of a firearm in contravention of 18 U.S.C. § 922 (g)(1). At trial, Mr. Almendarez’s motion to suppress the firearm was denied. On appeal, we conclude that the police had reasonable suspicion to detain Mr. Almendarez. Further, the district court’s finding that the pat-down search the police subsequently performed on him was constitutional is not clearly erroneous. Mr. Almendarez’s motion to suppress was therefore properly denied. As the parties are familiar with the facts, we discuss only those necessary to our analysis.

1. Appellant argues that there was no reasonable suspicion to stop him, relying upon Florida v. J.L., 529 U.S. 266 , 120 S.Ct. 1375 , 146 L.Ed.2d 254 (2000). “Courts will uphold an investigatory stop based on a tip or other secondary information only when the information possesses sufficient indicia of reliability that are independently corroborated by the police. ” United States v. Thomas, 211 F.3d 1186, 1190 (9th Cir.2000) (citing J.L.) (emphasis added). Here, the close spatial and temporal relationship between Mr. Almendarez’s…

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