Salcido

United States v. Salcido

Good Law
341 F. App'x 344
United States Court of Appeals for the Ninth CircuitAugust 11, 2009No. 08-50460California366 words

Opinion

Lead Opinion

MEMORANDUM ***

Myrna Salcido appeals the district court’s denial of her motion to suppress evidence obtained during an investigatory stop of the SUV in which she was a passenger. She contends that the district court erred in finding that the traffic stop was justified by reasonable suspicion. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

The district court correctly concluded that, under the totality of the circumstances, the South Gate Police Department officers were aware of specific, articulable facts which formed the basis for their suspicion that Salcido was engaged in criminal *345 activity. See Ramirez v. City of Buena Park, 560 F.3d 1012, 1021 (9th Cir.2009) (“We consider the totality of the circumstances ... when evaluating reasonable suspicion.” (internal quotation marks omitted)). The district court did not clearly err in crediting Officer Levesque’s testimony that the SUV’s headlights were off when the officers saw it in the darkened parking lot of the South Gate Post Office, which was closed at the time. It was near midnight, and while the driver’s behavior may have been consistent with a driver and passenger dropping mail into a postal collection…

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.