United States v. Sandoval
United States v. Sandoval
Opinion of the Court
MEMORANDUM
Jose Juan Sandoval appeals the district court’s denial of his motion to suppress evidence of a firearm discovered during a Terry stop. After the district court denied his motion to suppress, Sandoval entered a conditional guilty plea to one count of being a felon in possession of a firearm in violation of 18 U.S.C. § 922(g)(1). We have jurisdiction under 28 U.S.C. § 1291. “On appeal of the denial of a motion to suppress evidence, we review conclusions of law de novo and factual findings for clear error.” United States v. Chavez-Miranda, 306 F.3d 973, 977 (9th Cir. 2002). We affirm.
“[A]n officer may, consistent with the Fourth Amendment, conduct a brief, investigatory stop when the officer has a reasonable, articulable suspicion that criminal activity is afoot.” Illinois v. Wardlow, 528 U.S. 119, 123, 120 S.Ct. 673, 145 L.Ed.2d 570 (2000) (citing Terry v. Ohio, 392 U.S. 1, 30, 88 S.Ct. 1868, 20 L.Ed.2d 889 (1968)). As Sandoval concedes, Officer Greg Stys had reasonable suspicion to stop Sandoval in order to determine whether he was in violation of a local curfew ordinance.
Sandoval nevertheless argues that Officer Stys lacked reasonable suspicion to continue his investigatory stop of Sandoval beyond the time necessary to confirm Sandoval’s age. We disagree. Once a legitimate investigatory seizure is made, “[a]n officer may broaden his or her line of questioning if he or she notices additional suspicious factors, but these factors must be particularized and objective.” United States v. Perez, 37 F.3d 510, 513 (9th Cir. 1994) (internal quotation marks and citations omitted). As the district court found, Sandoval briefly ran while out of Officer Stys’s sight, appeared slightly pale and sweaty, and was in a high-crime area
Sandoval also argues that Officer Stys lacked reasonable suspicion to conduct a weapons frisk of Sandoval.
Based on the totality of the circumstances, we conclude that a reasonably prudent officer in Officer Stys’s circumstance would have been warranted in conducting a weapons frisk of Sandoval. See Terry, 392 U.S. at 27, 88 S.Ct. 1868.
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.
. Sandoval argues that the district court erred in relying solely on Officer Stys’s testimony to establish the "high-crime” nature of the intersection of McFadden and Harbor Boulevards. We agree that "more than mere war stories are required to establish the existence of a high-crime area” and that "courts should examine with care the specific data underlying any such assertion.” United States v. Montero-Camargo, 208 F.3d 1122, 1139 n. 32 (9th Cir. 2000) (en banc). Even so, we also recognize that officers are entitled to "draw on
. We reject the government's assertion that reasonable suspicion was not required to conduct a weapons frisk of Sandoval. See Moreno v. Baca, 400 F.3d 1152, 1163 (9th Cir. 2005) ("[T]he Constitution requires that a law enforcement officer must, at minimum, have a reasonable suspicion that a parolee has engaged in criminal wrongdoing or violated his parole prior to arresting him or conducting a search of his person.”).
Case-law data current through December 31, 2025. Source: CourtListener bulk data.