Roberts

United States v. Roberts

Good Law
326 F. App'x 436
United States Court of Appeals for the Ninth CircuitMay 12, 2009No. 08-10124California460 words

Opinion

Lead Opinion

MEMORANDUM *

Brose Roberts appeals the district court’s denial of his motion to suppress evidence, namely a pistol. He argues that his Fourth Amendment rights were violated when Las Vegas Police Officer Virginia Griffin detained and frisked him without reasonable suspicion, as required under Terry v. Ohio, 392 U.S. 1 , 88 S.Ct. 1868 , 20 L.Ed.2d 889 (1968).

Regardless of the point at which Roberts was detained, we affirm because Officer Griffin had reasonable suspicion to support a detention from the inception of the encounter. Roberts’ demeanor and the previous non-emergency phone call to the police regarding suspicious activity created reasonable suspicion that a crime had occurred or was about to occur. The third-party report had the indicia of reliability required under United States v. Terry-Crespo, 356 F.3d 1170, 1174 (9th Cir.2004). The caller identified himself, provided his phone number and address, and gave details on suspicious activity that he was observing. Moreover, some of what Officer Griffin observed corroborated the report. Roberts immediately displayed a reluctance to talk with Officer Griffin. The fact that Roberts was alone and not dressed to match the…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.