U.S. v. POPE

No. 11-10311.

686 F.3d 1078 (2012)

UNITED STATES of America, Plaintiff-Appellee, v. Travis POPE, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed July 17, 2012.


Attorney(s) appearing for the Case

John Balazs , Daniel Taylor , Certified Law Student, University of the Pacific McGeorge School of Law, Sacramento, CA, for defendant-appellant Travis Pope.

Benjamin B. Wagner , United States Attorney, Justin L. Lee , Special Assistant United States Attorney, Sacramento, CA, for appellee the United States of America.

Before: J. CLIFFORD WALLACE, CONSUELO M. CALLAHAN, and CARLOS T. BEA, Circuit Judges.


OPINION

BEA, Circuit Judge:

Defendant-appellant Travis Pope appeals from the denial of his motion to suppress evidence of his possession of marijuana. Pope argues that an officer's two separate commands directing him to empty his pockets each constituted illegal searches in violation of the Fourth Amendment to the United States Constitution. These arguments fail.

Because Pope did not comply with the officer's first command, the command did not cause...

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