Piazza

United States v. Piazza

Good Law
60 F. App'x 12
United States Court of Appeals for the Ninth CircuitFebruary 3, 2003No. 01-50259; D.C. No. CR-00-00413-FMC(1)California461 words

Opinion

Lead Opinion

MEMORANDUM **

We AFFIRM the district court’s denial of Joe Piazza, Jr.’s motion to suppress physical evidence and personal statements.

The police had reasonable suspicion to stop the vehicle in which Piazza was riding, arrest him and search the vehicle. While race alone is an insufficient reason for conducting an investigatory stop, the arresting officers noted several other factors that provided sufficient reasonable suspicion. United States v. Michael R., 90 F.3d 340, 346 (9th Cir.1996); United States v. Bautista, 684 F.2d 1286, 1289 (9th Cir.1982). The officers saw a black male lying on the vehicle’s floorboard changing his clothes with dark clothes lying next to him. The person and clothing matched the general description of the bank robber broadcast shortly before the officers noticed Piazza’s vehicle.

Because the officers had reason to believe Piazza was armed, handcuffing him did not convert the Terry investigatory stop into an arrest. United States v. Miles, 247 F.3d 1009, 1013 (9th Cir.2001). When Sgt. Chaffin looked into the vehicle to check for additional occupants, he saw in plain view a plastic bag containing dye-stained money, which provided sufficient probable…

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