Jay

MEMORANDUM *

The government appeals the district court’s order granting a motion to sup *50 press evidence. We reverse and remand for further proceedings.

1. The district court erred when it asserted that the government had “disclaim[ed] any reliance on Terry [v. Ohio, 392 U.S. 1 , 88 S.Ct. 1868 , 20 L.Ed.2d 889 (1968),] in this case.” Although the written materials and colloquies with the court were far from crystal clear, the government cited Terry in all but its final supplemental briefs and argued that the officers had “reasonable suspicion,” as well as “probable cause.” The government never waived or abandoned its Terry theory.

2. The facts found by the district court, which are not clearly erroneous, establish that the officers had a reasonable suspicion that Defendants Baker and Jay were engaged in illegal activity, specifically related to illegal possession of a firearm or possession of drugs. See United States v. Fernandez-Castillo, 324 F.3d 1114, 1117 (9th Cir.) (stating that we review motions to suppress de novo but review the district court’s factual findings for clear error), cert. denied , — U.S. -, 124 S.Ct. 418 , 157 L.Ed.2d 299 (2003). The officers therefore…