U.S. Court of Appeals for the Ninth Circuit, 2011

United States v. Vincent Barbee

United States v. Vincent Barbee
U.S. Court of Appeals for the Ninth Circuit · Decided June 27, 2011 · Reinhardt, Fletcher, Rawlinson
440 F. App'x 560

United States v. Vincent Barbee

Opinion

MEMORANDUM *

Barbee entered a conditional plea to one count of being a felon in possession of a firearm in violation of 18 U.S.C § 922(g)(1), reserving the right to appeal the denial of his motion to suppress the *561 evidence obtained following a Terry stop. We affirm.

An officer may perform a Terry stop only when under the “totality of the circumstances” there is a “particularized and objective basis for suspecting legal wrongdoing.” United States v. Sigmond-Ballesteros, 285 F.3d 1117, 1121 (9th Cir. 2002) (citations omitted). The detaining officer’s observation that Barbee was parked in a car, along with three other people, in a high crime area at 9 AM, and that his eyes were glassy, his hands were shaking and he appeared extremely nervous, constituted a basis for reasonable suspicion in light of the officer’s training and experience. See Ramirez v. City of Buena Park, 560 F.3d 1012, 1020-21 (9th Cir. 2009).

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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