Delano

MEMORANDUM **

Defendant Kenneth Delano appeals the district court’s order denying his motion to suppress evidence. Because the record shows that Mr. Delano was arrested after a valid investigatory stop, and that the evidence at issue was discovered in the course of a valid search incident to arrest, we affirm.

This court reviews the lawfulness of a search and seizure de novo. See United States v. Berber-Tinoco, 510 F.3d 1083, 1087 (9th Cir.2007); United States v. Stafford, 416 F.3d 1068, 1073 (9th Cir.2005). Whether or not the police officers had reasonable suspicion to make an investigative stop is a mixed question of fact and law which this court reviews de novo. See United States v. Manzo-Jurado, 457 F.3d 928, 934 (9th Cir.2006). The district court’s underlying findings of fact are reviewed for clear error. See Berber-Tinoco, 510 F.3d at 1087 ; Stafford, 416 F.3d at 1073 .

Investigative detentions must be supported by “reasonable suspicion” based on articulable facts that criminal activity “may be afoot.” Terry v. Ohio, 392 U.S. 1, 30 , 88 S.Ct. 1868 , 20 L.Ed.2d 889 (1968). Courts reviewing the legality of investigatory detentions “must look at the ‘totality of the…