Molina

MEMORANDUM *

Jose Flores Molina (“Molina”) appeals a judgment upon his jury conviction for possession with intent to distribute heroin and methamphetamine in violation of 21 U.S.C. § 841 (a)(1), following the district court’s denial of his motion to suppress evidence seized during a warrantless search. Molina contends that the search violated his Fourth Amendment rights, and that the district court erred in finding that the search was justified under the rule of Terry v. Ohio, 392 U.S. 1 , 88 S.Ct. 1868 , 20 L.Ed.2d 889 (1968). This court has jurisdiction under 28 U.S.C. § 1291 . We affirm.

Because the parties are familiar with the facts, we do not recite them in detail except as necessary. On April 3, 2002, the Idaho State Police stopped Molina’s car for investigation after a motorist reported that it had been weaving. During the stop, Corporal Prescott (“Prescott”) asked Molina to step out of the car for an interview.

During the interview, Molina put his hands into a tunnel pocket on the front of his sweatshirt. Prescott told Molina to take his hands out of the front pocket. Molina did so, but then returned his hands to the pocket. Prescott patted the front pocket and felt a…