Simmons

MEMORANDUM *

Richard Thomas Simmons entered a conditional guilty plea to being a felon in possession of a firearm. On appeal, he challenges the district court’s denial of his motion to suppress evidence because of an alleged Fourth Amendment violation. Simmons contends that the arresting officer, after having made a valid traffic stop of Simmons’ vehicle, lacked reasonable suspicion to ask about weapons and drugs and to request consent to a pat-down search. The inquiries led to a consensual search yielding ammunition, a firearm, and drugs.

We affirm the denial of the motion to suppress, although on slightly different reasoning from that of the district court. 1 An officer making a traffic stop may broaden his line of questioning beyond matters relating to the traffic stop if he notes particularized and objective factors giving rise to a suspicion of other crime. See United States v. Perez, 37 F.3d 510, 513 (9th Cir.1994). Here, the arresting officer reasonably relied on his knowledge that Simmons was a felon; that Simmons left a residential area that was under surveillance for suspected drug activity; that it was nighttime; and that the stop occurred in a high crime area. Under…