Medina

MEMORANDUM **

John Clayderman Medina (“Medina”) pled guilty to one count of being a felon in possession of a firearm in violation of 18 U.S.C. § 922 (g)(1). Medina appeals the district court’s denial of his motion to suppress evidence of a weapon discovered during a Terry search of Medina and his backpack. Because Medina concedes that the officers had reasonable suspicion to conduct a Terry stop and also had reasonable suspicion to frisk his person for weapons, the only issue on appeal is whether Officer Burke’s search of Medina’s backpack exceeded the legitimate scope of a protective search under Terry v. Ohio, 392 U.S. 1 , 88 S.Ct. 1868 , 20 L.Ed.2d 889 (1968).

The district court’s denial of a motion to suppress is reviewed de novo and its factual findings are reviewed for clear error. United States v. Sandoval, 390 F.3d 1077, 1080 (9th Cir.2004).

Medina contends the officers lacked reason to fear for their safety because Medina had already been patted down and was extremely compliant. He also claims it was generally unreasonable for the officers to suspect that Medina would attempt to reach for a weapon located inside a closed backpack while two armed officers confronted…