[T][U] United States v. Buyea - Ninth Circuit U.S. Court of Appeals

[T][U] United States v. Buyea

By Ninth Circuit U.S. Court of Appeals

  • Release Date: 1995-09-14
  • Book Genre: Law
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[T][U] United States v. Buyea by Ninth Circuit U.S. Court of Appeals

MEMORANDUM* Harold Joseph Buyea appeals his conviction by conditional guilty plea to possession of an unregistered firearm in violation of 26 U.S.C. § 5861(d). Buyea contends the district court erred when it denied his motion to suppress the firearm seized from his pickup truck because the state trooper who stopped him lacked reasonable suspicion to believe that Buyea had violated state law. We have jurisdiction pursuant to 28 U.S.C. § 1291. After accepting the district court's factual findings unless clearly erroneous and reviewing its Conclusions of law de novo, United States v. Maria, 15 F.3d 879, 881 (9th Cir. 1994), we affirm. ""Except in those situations in which there is at least articulable and reasonable suspicion . . . that either the vehicle or an occupant is . . . subject to seizure for violation of law, stopping an automobile and detaining the driver . . . are unreasonable under the Fourth Amendment."" Delaware v. Prouse, 440 U.S. 648, 663, 59 L. Ed. 2d 660, 99 S. Ct. 1391 (1979).

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