Rayford

United States v. Rayford

Good Law
180 F. App'x 760
United States Court of Appeals for the Ninth CircuitMay 22, 2006No. 05-10619California288 words

Opinion

Lead Opinion

MEMORANDUM **

Kelly Rayford appeals from the district court’s order denying his motion to suppress evidence in connection to his guilty-plea conviction for being a felon in possession of a firearm, in violation of 18 U.S.C. §§ 922 (g)(1) and 924(a)(2). We have jurisdiction pursuant to 28 U.S.C. § 1291 . We review de novo, United States v. Chavez-Valenzuela, 268 F.3d 719, 723 (9th Cir. 2001), and we affirm.

Rayford contends that the district court erred in denying his motion to suppress *761 evidence because the arresting officer lacked reasonable suspicion to inquire as to whether Rayford was in possession of firearms or drugs. We disagree.

The arresting officer reasonably relied on numerous factors, including the nature of the traffic violation; that Rayford was a felon; that the neighborhood was known to be a high crime neighborhood area; the nervous demeanor of Rayford and the vehicle’s driver; and that Rayford continually grabbed at his waistband. Under these circumstances, the officer’s questioning Rayford about drugs and weapons was justified by reasonable suspicion based on particularized, objective facts. See United States v. Murillo, 255 F.3d 1169, 1174 (9th Cir.2001)…

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.