Opinion
No. 07-30314.
Argued and Submitted November 17, 2008.
Filed December 1, 2008.
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.
Appeal from the United States District Court for the District of Montana, Donald W. Molloy, Chief District Judge, Presiding. D.C. No. CR-06-00044-DWM.
Before: KOZINSKI, Chief Judge, B. FLETCHER and RAWLINSON, Circuit Judges.
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
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).