White

United States v. White

Good Law
300 F. App'x 449
United States Court of Appeals for the Ninth CircuitNovember 21, 2008Nos. 08-10109, 08-10115California537 words

Opinion

Lead Opinion

*450 MEMORANDUM **

John White appeals his jury conviction for being a felon in possession of a firearm and ammunition in violation of 18 U.S.C. §§ 922 (g)(1) and 924(a)(2). White also appeals the revocation of his supervised release term for the same conduct. We affirm the conviction and revocation. Because the parties are familiar with the facts of the case, we do not recite them here.

White asserts that the district court erred in admitting evidence obtained pursuant to what he alleges is an invalid investigatory stop under Terry v. Ohio, 392 U.S. 1 , 88 S.Ct. 1868 , 20 L.Ed.2d 889 (1968). We reject this argument. A stop may be supported by reasonable suspicion “[djespite a possible innocent explanation for every police observation.” United States v. Tiong, 224 F.3d 1136, 1140 (9th Cir.2000). Under the totality of the circumstances test, the officers reasonably responded to a tip that a man was holding a rifle at 2 a.m. in the parking lot of a nightclub that had experienced multiple gunfire reports in the weeks preceding the incident. “[W]e allow intrusive and aggressive police conduct without deeming it an arrest in those circumstances when it is a reasonable response to…

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