Bias

United States v. Bias

Good Law
352 F. App'x 162
United States Court of Appeals for the Ninth CircuitNovember 5, 2009No. 08-10435California418 words

Opinion

Lead Opinion

MEMORANDUM **

Rashawn Bias appeals the district court’s denial of his suppression motion following the entry of a conditional guilty plea to possession of a firearm by a convicted felon, in violation of 18 U.S.C. § 922 (g). We affirm.

I

Police officers received undisputedly reliable and specific information from emergency medical technicians that Bias was carrying a concealed weapon. The police searched for Bias, and observed him and a companion take what they believed to be an evasive maneuver. Because Bias was armed, the police detained him at gunpoint, ordered him to the ground, and handcuffed him. The police asked if he was armed, and Bias answered in the affirmative. The gun was located in his waistband, as described by the paramedics.

Because the police had reliable, detailed, and articulable facts, the totality of the circumstances supports the district court’s finding that the police had reasonable suspicion to conduct an investigatory stop pursuant to Terry v. Ohio, 392 U.S. 1 , 88 S.Ct. 1868 , 20 L.Ed.2d 889 (1968).

Bias contends that the stop was illegal under United States v. Ubiles, 224 F.3d 213 (3d Cir.2000) and United States v. Roch, 5 F.3d 894 (5th Cir.1993).…

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