United States v. Simmons
Opinion of the Court
MEMORANDUM
Richard Thomas Simmons entered a conditional guilty plea to being a felon in possession of a firearm. On appeal, he challenges the district court’s denial of his motion to suppress evidence because of an alleged Fourth Amendment violation. Simmons contends that the arresting officer, after having made a valid traffic stop of Simmons’ vehicle, lacked reasonable suspicion to ask about weapons and drugs and to request consent to a pat-down search. The inquiries led to a consensual search yielding ammunition, a firearm, and drugs.
We affirm the denial of the motion to suppress, although on slightly different reasoning from that of the district court.
The consensual pat-down search promptly uncovered ammunition, furnishing probable cause for an arrest. The extremely brief duration of the stop before the establishment of probable cause contributes to our finding of reasonableness. Cf. United States v. Chavez-Valenzuela, 268 F.3d 719, 728 (9th Cir. 2001).
Because the expansion of the inquiry and the request for consent to a pat-down search were fully supported by particularized, objective facts giving rise to a reasonable suspicion of possession of weapons, we need not address the officer’s contemporaneous question about drug paraphernalia.
AFFIRMED.
This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by Ninth Circuit Rule 36-3.
. ‘‘[W]e may affirm the district court’s denial of a motion to suppress on any ground fairly supported by the record.” United States v. Koshnevis, 979 F.2d 691, 695 (9th Cir. 1992) (amended opinion).
. We review de novo the district court’s decision whether reasonable suspicion existed under a given set of facts. See Perez, 37 F.3d at 513-14.
. Although the officer testified that he did not believe that Simmons was armed, he also stated that he knew that "where drugs are there’s usually weapons” and that "I wanted to keep my safety.”
Reference
- Full Case Name
- UNITED STATES of America, Plaintiff—Appellee v. Richard Thomas SIMMONS, Defendant—Appellant
- Status
- Published