United States v. Jermaine Lewis

Good Law
478 F. App'x 380
United States Court of Appeals for the Ninth CircuitMay 1, 201211-10229California845 words

Opinion

Opinion

MEMORANDUM

Jermaine Lewis appeals the district court’s order denying his motion to suppress the firearm discovered in his car. After the motion was denied, Lewis was convicted, in a stipulated bench trial, of being a felon in possession of a firearm in violation of 18 U.S.C. § 922 (g)(1). Lewis preserved only the right to appeal the denial of the motion to suppress; he does not challenge his conviction here.

Lewis argues that the district court erred in three ways. First, Lewis argues that he was detained without reasonable suspicion, making the search of his car unreasonable. Next, he argues that the search of his car was not a valid inventory search. Finally, he argues that the San Francisco Police Department inventory search policy was unconstitutionally broad, rendering the inventory search likewise unconstitutional. We have jurisdiction pursuant to 28 U.S.C. § 1291 . The facts of the ease are known to the parties. We repeat them only as necessary.

I

We review a district court’s denial of a motion to suppress de novo and the district court’s underlying findings of fact for clear error. United States v. Giberson, 527 F.3d 882, 886 (9th Cir.2008).

II

An investigatory stop…

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