Duval

United States v. Duval

Good Law
73 F. App'x 242
United States Court of Appeals for the Ninth CircuitAugust 11, 2003No. 02-30354; D.C. No. CR-01-00062-RFCCalifornia827 words

Opinion

Lead Opinion

MEMORANDUM *

Defendant-Appellant John Arthur Duval appeals his jury conviction of eight counts relating to the manufacture and possession of methamphetamine. Duval claims that the district court erred in (1) denying his motions to suppress evidence arising from a traffic stop and from searches of his home, storage locker, and jeep pursuant to two search warrants, (2) denying his motion for a hearing under Franks v. Delaware, 438 U.S. 154 , 98 S.Ct. 2674 , 57 *244 L.Ed.2d 667 (1978), and (3) curtailing his cross-examination of one of his codefendants who testified against him at trial. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

If we view the stop of Duval in light of the totality of the circumstances, as we must, we conclude that the officer who stopped Duval’s car did not exceed the scope of his authority. See United States v. Arvizu, 534 U.S. 266, 275 , 122 S.Ct. 744 , 151 L.Ed.2d 740 (2002); United States v. Diaz-Juarez, 299 F.3d 1138, 1141 (9th Cir.2002). The officer initially observed several violations of Montana law: the vehicle had an expired plate on the front of the vehicle, no plate on the rear, and a crumpled temporary tag affixed with duct tape on…

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