United States v. Williams
Opinion
Lead Opinion
Wallace, J.
ORDER
The opinion filed on September 20, 2016, and appealing at 837 F.3d 1016 , is hereby amended. An amended opinion is filed concurrently with this order. The full court has been advised of the petition for rehearing en banc, and no judge has requested a vote on whether to rehear the matter en banc. Fed. R. App. P. 35. The petition for rehearing and rehearing en banc is DENIED.
No further petitions for en banc or panel rehearing shall be permitted.
OPINION
The government appeals from the district court’s order granting Williams’s motion to suppress evidence of the crack cocaine in his pockets and the firearm in his vehicle. We have jurisdiction pursuant to 18 U.S.C. § 3731 , and we reverse.
I.
We review de novo an order granting a motion to suppress. See United States v. Crawford, 372 F.3d 1048, 1053 (9th Cir. 2004) (en banc). “A determination whether there was reasonable suspicion to support an investigatory ‘stop and frisk’ is a mixed question of law and fact, also reviewed de novo.” United States v, Burkett, 612 F.3d 1103, 1106 (9th Cir. 2010). The district court’s factual findings are reviewed for clear error. Crawford, 372 F.3d at 1053 (citing United States v.…