Reed

United States v. Reed

Good Law
226 F. App'x 746
United States Court of Appeals for the Ninth CircuitMarch 29, 2007No. 06-10406California555 words

Opinion

Lead Opinion

MEMORANDUM *

Defendant Andre Reed appeals his conviction following a conditional guilty plea *747 challenging the district court’s denial of his motion to suppress. We affirm.

Reed first argues that his initial stop was unreasonable. For an investigatory stop to be justified under the Fourth Amendment, “the police officer must be able to point to specific and articulable facts which, taken together with rational inferences to be drawn from those facts,” reasonably warrant an officer’s intrusion upon a suspect’s person. Terry v. Ohio, 392 U.S. 1, 21 , 88 S.Ct. 1868 , 20 L.Ed.2d 889 (1968); United States v. Hernandez-Alvarado, 891 F.2d 1414, 1416 (9th Cir. 1989). At the time he stopped Reed, Officer Evans knew, among other things, that an off-duty officer had reported possible domestic violence, and that Reed’s vehicle matched the off-duty officer’s description of the license plate number, color, window-tint, and direction of travel. These facts were sufficient to justify stopping Reed.

Reed argues that the question officers asked Reed about the presence of weapons in the vehicle was not reasonably related in scope to the justification for the stop. As our recent decision in…

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