United States v. Wallace
United States v. Wallace
Opinion of the Court
MEMORANDUM
Defendanb-Appellant Ruel Antonio Wallace (‘Wallace”) contends a pat down search violated his Fourth Amendment rights and invalidated his subsequent consent to search his vehicle. The Fourth Amendment, however, permits an officer to pat down a driver ordered out of his car after a lawful traffic stop if the officer has reasonable suspicion that the individual may be armed and dangerous. Knowles v. Iowa, 525 U.S. 113, 118, 119 S.Ct. 484, 142 L.Ed.2d 492 (1998).
The district court did not clearly err in determining that Wallace’s consent to search his vehicle was voluntary. The facts of this case are nearly identical to
Finally, Wallace’s arguments based on Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000), have been considered and rejected by this court. United States v. Buckland, 277 F.3d 1173 (9th Cir. 2002) (en banc) (upholding constitutionality of 21 U.S.C. § 841); United States v. Carranza, 289 F.3d 634, 644 (9th Cir. 2002) (Apprendi did not change mens rea requirement as to type and amount of controlled substance under 21 U.S.C. §§ 841 and 960).
AFFIRMED.
This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as may be provided by Ninth Circuit Rule 36-3.
. A prior panel held that the initial traffic stop was lawful. United States v. Wallace, 213 F.3d 1216 (9th Cir. 2000).
Case-law data current through December 31, 2025. Source: CourtListener bulk data.