King

United States v. King

Good Law
123 F. App'x 771
United States Court of Appeals for the Ninth CircuitFebruary 11, 2005No. 04-10070California367 words

Opinion

Lead Opinion

MEMORANDUM *

Leah King appeals the district court’s denial of her Motion to Suppress, which preceded King’s guilty plea for Possession of Stolen Mail Matter. We affirm. Because the parties are familiar with the factual and procedural history of this case, we will not recount it here.

The only question on appeal is whether the district court erred in denying King’s motion to suppress the stolen mail found in the bag in her hotel room. The district court did not err in denying the suppression motion. The detention of King was a permissible Terry stop, grounded in reasonable suspicion of criminal activity. See Terry v. Ohio, 392 U.S. 1, 30 , 88 S.Ct. 1868 , 20 L.Ed.2d 889 (1968) (permitting brief investigatory stops when, based on totality of the circumstances, police have reasonable suspicion of criminal activity). She was observed by police entering a car that was known to have been stolen.

Although she was handcuffed and placed in a police car, she was detained only five minutes before Detective Shay spoke with her. When questioned, she mentioned methamphetamine pipes in her hotel room and consented to the search of her room. Considering all the circumstances surrounding the…

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