U.S. Court of Appeals for the Ninth Circuit, 2008

United States v. Newcomb

U.S. Court of Appeals for the Ninth Circuit · Decided December 1, 2008

302 F. App'x 585

Counsel

Joshua A. Van De Wetering, Esquire, Office of the U.S. Attorney, Missoula, MT, Eric B. Wolff, Esquire, Assistant U.S., Office of the U.S. Attorney, Billings, MT, for Plaintiff-Appellee., John Rhodes, Esquire, Assistant Federal Public Defender, Federal Defenders of Montana, Missoula, MT, for Defendant-Appellant.

Opinion of the Court

MEMORANDUM *

The officers had reasonable suspicion, based on their collective knowledge, for the investigatory stop of Newcomb. See United States v. Diaz-Juarez, 299 F.3d 1138, 1141 (9th Cir. 2002); United States v. Sutton, 794 F.2d 1415, 1426 (9th Cir. 1986). The stop was reasonable in duration and scope because the officer had a plain view of contraband in Newcomb’s vehicle shortly after the stop began. See United States v. Garcia-Rivera, 353 F.3d 788, 791 (9th Cir. 2003).

AFFIRMED.

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.

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