Liebman

United States v. Liebman

Good Law
319 F. App'x 519
United States Court of Appeals for the Ninth CircuitJanuary 22, 2009No. 08-30085California539 words

Opinion

Lead Opinion

MEMORANDUM ***

Tyson Liebman appeals the district court’s denial of his motion to suppress. He additionally challenges the court’s sentencing determination. Because the parties are familiar with the facts and procedural history, we do not include them here, except as necessary to explain our disposition. We have jurisdiction under 28 U.S.C. § 1291 and we affirm.

Liebman asserts that the district court erred in admitting evidence obtained pursuant to what he alleges was an invalid investigatory Terry stop. Terry v. Ohio, 392 U.S. 1 , 88 S.Ct. 1868 , 20 L.Ed.2d 889 (1968). Where an ‘“officer observes unusual conduct which leads him reasonably to conclude in light of his experience that criminal activity may be afoot ...,’ the officer may briefly stop the suspicious person and make ‘reasonable inquiries’ aimed at confirming or dispelling his suspicions.” Minnesota v. Dickerson, 508 U.S. 366, 373 , 113 S.Ct. 2130 , 124 L.Ed.2d 334 (1993) (quoting Terry, 392 U.S. at 30 , 88 S.Ct. 1868 ). Reasonable suspicion is determined by the totality of the circumstances. United States v. Arvizu, 534 U.S. 266, 273 , 122 S.Ct. 744 , 151 L.Ed.2d 740 (2002).

Ranger Ward personally observed what he…

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