Franklin

MEMORANDUM *

Anthony Franklin appeals from the district court’s denial of his motion to suppress. Because the factual findings made by the district court are not clearly erroneous, we hold that both the traffic stop and the search of Franklin’s vehicle were reasonable under the Fourth Amendment.

Franklin was driving in Los Angeles on May 11, 2001, when two police officers noticed that Franklin’s Toyota Célica did not have a rear license plate. The officers pulled onto the road behind Franklin. Franklin quickly changed lanes twice and turned left onto a residential street. The officers asserted that Franklin accelerated on Orchard, and broke the residential speed limit. 1 The officers pulled Franklin over.

The officers ordered Franklin to get out of the car. He refused. The officers eventually physically removed Franklin from the car. The officers then determined that Franklin was on parole 2 and searched Franklin’s backpack, which was on the front passenger seat. The officers found a gun and placed Franklin under arrest. The officers did not recall ever checking the back window of the car for a registration sticker, but Franklin asserts that the car was newly purchased and that…