U.S. v. FERNANDEZ-CASTILLO

No. 01-30398.

324 F.3d 1114 (2003)

UNITED STATES of America, Plaintiff-Appellee, v. Rigoberto FERNANDEZ-CASTILLO, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed April 8, 2003.


Attorney(s) appearing for the Case

Robert Kelleher, Jr., Kelleher Law Office, Billings, MT, for the defendant-appellant.

Lori Harper Suek, Assistant United States Attorney, Great Falls, MT, and Shelley Hicks, Assistant United States Attorney, Billings, MT, for the plaintiff-appellee.

Before: FERGUSON, FISHER, and TALLMAN, Circuit Judges.


TALLMAN, Circuit Judge.

We are asked to decide whether an officer had a reasonable suspicion that the driver of a car was impaired, justifying an investigatory traffic stop of that car, where: (1) the vehicle had been reported as driving erratically; (2) the officer who stopped the vehicle knew the source of the report; (3) the report described the vehicle in detail, noting the car's color, make and model, and state license plate; (4) the report was made contemporaneously...

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