Pramik

United States v. Pramik

Good Law
232 F. App'x 717
United States Court of Appeals for the Ninth CircuitMay 21, 2007No. 06-10626California530 words

Opinion

Lead Opinion

MEMORANDUM **

David John Pramik conditionally pled guilty to the charge of driving under the influence in Yosemite National Park and preserved his right to appeal the denial of his motion to suppress evidence obtained during the traffic stop preceding his arrest. A park ranger arrested Pramik for driving under the influence of alcohol while in the park. The ranger initiated the traffie stop because Pramik did not have a working license plate light, a violation of California law. Pramik argues that the ranger’s warrantless detention, search, and arrest of him violated the Fourth Amendment, and the magistrate judge’s refusal to grant his motion to suppress was error. Pramik also contends that the magistrate judge should have sua sponte recused himself because he was biased in favor of the park ranger’s testimony regarding the license plate light. We affirm.

If the ranger’s testimony was credible, probable cause existed for the stop. See United States v. Lopez-Soto, 205 F.3d 1101, 1104-05 (9th Cir.2000). The district court’s credibility determination is reviewed for clear error. Conrad v. United States, 447 F.3d 760, 768 (9th Cir.2006). We will give “great deference to district…

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