and Submitted January 7, 2016 San Francisco, California
from the United States District Court for the District of
Nevada Richard F. Boulware, District Judge, Presiding D.C.
M. Flake (argued), Assistant United States Attorney;
Elizabeth O. White, Appellate Chief; Daniel G. Bogden, United
States Attorney; United States Attorney's Office, Las
Vegas, Nevada; for Plaintiff-Appellant.
Cleary (argued), Assistant Federal Public Defender; Rene L.
Vallardes, Federal Public Defender; Office of the Federal
Public Defender, Las Vegas, Nevada; for Defendant-Appellee.
Before: J. Clifford Wallace and Alex Kozinski, Circuit Judges
and Robert H. Whaley, [*] Senior District Judge.
panel reversed the district court's order granting a
motion to suppress evidence of crack cocaine in the
defendant's pockets and the firearm in his vehicle.
panel held that police officers had reasonable suspicion to
conduct an investigatory stop based on the information they
possessed and the reliability of a telephone tip.
the initial stop, the officers developed probable cause to
arrest the defendant because he obstructed them in their
attempt to enforce Nevada Revised Statute § 171.123,
which dictates that police officers may detain a suspect whom
the officers have reasonable suspicion has committed, is
committing, or is about to commit a crime, in order to obtain
that individual's identity. The panel held that the
government did not waive its argument that the officers had
probable cause to arrest the defendant for violating §
171.123 where before the district court the government argued
generally that the officers had probable cause to arrest him
because he ran. The panel held that the officers conducted a
valid search incident to arrest when they searched the
defendant's pockets and found crack cocaine.
panel further held that the officers lawfully searched the
defendant's vehicle because, under the totality of the
circumstances, they had probable cause to believe that it
contained contraband or evidence of drug dealing.
panel remanded the case for further proceedings.
WALLACE, Circuit Judge:
government appeals from the district court's order
granting Williams's motion to suppress evidence of the
crack cocaine in his pockets and the firearm in his vehicle.
We have jurisdiction pursuant to 18 U.S.C. § 3731, and
review de novo an order granting a motion to suppress.
See United States v. Crawford, 372 F.3d 1048, 1053
(9th Cir. 2004) (en banc). "A determination whether
there was reasonable suspicion to support an investigatory
'stop and frisk' is a mixed question of law and fact,
also reviewed de novo." United States v.
Burkett, 612 F.3d 1103, 1106 (9th Cir. 2010). The
district court's factual findings are reviewed for clear
error. Crawford, 372 F.3d at 1053 (citing United
States v. Hammett, 236 F.3d 1054, 1057-58 (9th Cir.
a.m., a person who identified himself as Tony Jones
telephoned a Las Vegas police hotline to report an adult,
black male sleeping inside a grey Ford Five Hundred car.
Jones reported that the man was "known to sell drugs in
the area, " did not live in the adjacent apartment
complex, and Jones expressed that he "just wanted the
person moved out of the area." Jones provided the
operator with his phone number and address.
Vegas Metropolitan Police Department (Metro) dispatched two
officers on duty in the reported area, Alvin Hubbard and
Thomas Keller. Hubbard and Keller were on patrol in a marked
Metro patrol car, with Hubbard driving. When Hubbard and
Keller arrived at the apartment complex the caller had
identified, they saw a grey Ford Five Hundred car in the
parking lot. ...