Ross

MEMORANDUM **

Robby Dale Ross appeals from a judgment of conviction in the United States District Court for the Eastern District of California (Ishii, /.), entered pursuant to a conditional guilty plea to one count of being a felon in possession of a firearm in violation of 18 U.S.C. § 922 (g)(1). Ross contends that police lacked reasonable suspicion to stop a vehicle in which he was a passenger and that the gun discovered in an immediately subsequent search was therefore “fruit of the poisonous tree.” Familiarity with the relevant facts and procedural history is presumed.

Under the Fourth Amendment, government officials may conduct an investigatory stop of a vehicle only if they possess “reasonable suspicion: a particularized and objective basis for suspecting the particular person stopped of criminal activity.” United States v. Thomas, 211 F.3d 1186, 1189 (9th Cir.2000) (internal quotation marks omitted); see also Delaware v. Prouse, 440 U.S. 648, 653 , 99 S.Ct. 1391 , 59 L.Ed.2d 660 (1979). Such reasonable suspicion “requires specific, articulable facts which, together with objective and reasonable inferences, form a basis for suspecting that a particular person is engaged in…