Canfield

United States v. Canfield

Good Law
110 F. App'x 827
United States Court of Appeals for the Ninth CircuitOctober 7, 2004No. 03-10673; D.C. No. CR-02-00620-LRHCalifornia400 words

Opinion

Lead Opinion

MEMORANDUM **

Tommy Canfield appeals the district court’s denial of his motion to suppress evidence of a firearm following his conditional plea to being a felon in possession of a firearm in violation of 18 U.S.C. §§ 922 (g)(1) and 924(a)(2). We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

Canfield argues that Officer Lowe lacked sufficient reliable information to support a finding of reasonable suspicion for an investigatory stop. “A temporary detention or seizure of a person is ‘justifiable under the fourth amendment if there is articulable suspicion that a person has committed or is about to commit a crime.’ ” United States v. Woods, 720 F.2d 1022, 1026 (9th Cir.1988) (quoting Florida v. Royer, 460 U.S. 491, 498 , 103 S.Ct. 1319 , 75 L.Ed.2d 229 (1983)). “Reasonable suspicion, like probable cause, is dependent upon both the content of information possessed by police and its degree of reliability.” Alabama v. White, 496 U.S. 325, 330 , 110 S.Ct. 2412 , 110 L.Ed.2d 301 (1990). “To determine whether reasonable suspicion existed, the court must consider the totality of the circumstances surrounding the stop.” United States v. Michael R., 90 F.3d 340, 346 (9th…

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