Gushwa
United States v. Gushwa
Opinion
Lead Opinion
MEMORANDUM **
Michael Gushwa appeals the district court’s denial of his suppression motion, *448 after which he entered a conditional guilty plea to being a felon in possession of a firearm in violation of 18 U.S.C. § 922 (g)(1). Gushwa, a passenger in a car that police lawfully stopped, lied when officers asked for his name. The officers knew he was lying, and after further questioning found that he had an outstanding warrant. A pat-down search revealed a handgun.
Gushwa argues that during a traffic stop, a police officer may not ask a passenger his name where the officer lacks reasonable suspicion or probable cause to question the passenger. However, “even when officers have no basis for suspecting a particular individual, they may generally ask questions of that individual [and] ask to examine the individual’s identification.” Muehler v. Mena, 544 U.S. 93, 101 , 125 S.Ct. 1465 , 161 L.Ed.2d 299 (2005) (quoting Florida v. Bostick, 501 U.S. 429, 434-35 , 111 S.Ct. 2382 , 115 L.Ed.2d 389 (1991)) (internal alteration omitted). This standard applies in traffic stops. United States v. Mendez, 476 F.3d 1077, 1080 (9th Cir.2007) (Muehler*s “reasoning is equally applicable in the…