Brown

United States v. Brown

Good Law
138 F. App'x 908
United States Court of Appeals for the Ninth CircuitJuly 5, 2005No. 04-10444California298 words

Opinion

Lead Opinion

MEMORANDUM ***

Defendant Jason Lee Brown appeals the district court’s order denying his suppression motion. Brown was convicted of one count of possession of stolen mail in violation of 18 U.S.C. § 1708 pursuant to a guilty plea that expressly preserved his right to appeal the suppression ruling. We exercise jurisdiction pursuant to 28 U.S.C. § 1291 and affirm the district court on the ground that the search was supported by reasonable suspicion.

A seizure does not violate the Fourth Amendment if it “was supported by reasonable and articulable suspicion that [the defendant] had committed, or was about to commit, a crime.” United States v. Summers, 268 F.3d 683, 687 (9th Cir.2001). Here, the 7-11 convenience store clerk’s 911 call provided the officers with reasonable suspicion to stop Brown. We have held that “[f]or a third-party report of suspected criminal activity to form the basis of an officer’s reasonable suspicion, that report must possess sufficient indicia of reliability.” United States v. Fernandez-Castillo, 324 F.3d 1114, 1117 (9th Cir. 2003). The 7-11 clerk’s 911 call was not anonymous. The clerk not only gave her name, but also her work address and telephone number…

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