United States v. Zuberi Steel

MEMORANDUM

Zuberi Seel Steel appeals the denial of a motion to suppress evidence of a firearm he was charged with possessing. This Court reviews de novo a district court’s denial of a motion to suppress, and reviews the district court’s factual findings underlying the denial of the motion for clear error. United States v. Shetler, 665 F.3d 1150, 1156 (9th Cir.2011). We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

The district court did not err in finding that reasonable suspicion existed to warrant a Terry stop. A police officer may conduct an investigatory stop, or Terry stop, to prevent ongoing or imminent crime. Terry v. Ohio, 392 U.S. 1, 30 , 88 S.Ct. 1868 , 20 L.Ed.2d 889 (1968). Here, Officer Sanchez “observe[d] unusual conduct which [led] him reasonably to conclude in light of his experience that criminal activity may [have] be[en] afoot....” Id.

The district court also correctly determined that Steel’s detention was a valid investigatory stop under Terry , not an unlawful arrest. Whether an unlawful arrest occurs depends on whether the use of force in detaining the suspect was justified under the totality of the circumstances, weighing the…