Koth

United States v. Koth

Good Law
314 F. App'x 66
United States Court of Appeals for the Ninth CircuitFebruary 24, 2009No. 08-10203California467 words

Opinion

Lead Opinion

MEMORANDUM *

Appellant Scott Koth appeals the denial of his motions to suppress the evidence resulting from an investigative stop of his automobile by Officer Brian Silva and the evidence gathered during a subsequent search of his home pursuant to a search warrant. We affirm.

The district court credited Silva’s testimony that, based upon his prior interactions with Koth and his conversation with the dispatcher, he knew before stopping Koth that Koth’s license had not been reinstated. This factual finding is reviewed for clear error, with “great deference” to the district court. United States v. Jordan, 291 F.3d 1091, 1100 (9th Cir.2002); see also Nichols v. Azteca Rest. Enters., 256 F.3d 864 , 871 (9th Cir.2001) (“Where, as here, the factual findings rest on credibility determinations, we give them even greater deference.”) (citation omitted). Koth has not established that the district court’s factual findings were *68 clearly erroneous. Because Silva knew that Koth’s license had not been reinstated, the investigative stop was supported by reasonable suspicion. Silva was not required to confirm that knowledge by asking the dispatcher any additional questions.

A magistrate’s…

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