Means

United States v. Means

Good Law
252 F. App'x 830
United States Court of Appeals for the Ninth CircuitOctober 31, 2007No. 06-10715California2,140 words

Opinion

Lead Opinion

MEMORANDUM ***

Devin W. Means (“Means”) appeals the district court’s denial of his motion to dismiss the citations issued to him by the National Park Service (“NPS”) for (1) operating a motor vehicle under the influence of alcohol in violation of 36 C.F.R. § 4.23 (a)(1); (2) operating a motor vehicle with a blood alcohol concentration in excess of .08% in violation of 36 C.F.R. § 4.23 (a)(2); and (3) speeding in violation of 36 C.F.R. § 4.21 . We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm. Because the facts are known to the parties, we revisit them only as necessary.

We review de novo the district court’s denial of a motion to dismiss. United States v. Bueno-Vargas, 383 F.3d 1104, 1106 (9th Cir.2004). We review for clear error the district court’s findings of fact. United States v. Emmert, 829 F.2d 805, 810-11 (9th Cir.1987).

I.

Means asserts his continued detention by the NPS after he was released from federal custody constituted (1) an illegal seizure in violation of the Fourth Amendment and (2) a deprivation of liberty without due process of law in violation of the *833 Fifth Amendment. Under the Fourth Amendment, detentions following an arrest without a…

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