Lead Opinion
Defendant Gunner Lawson Crapser appeals his conviction, upon a guilty plea, of being a felon in possession of a firearm in violation of 18 U.S.C. § 922(g)(1). He argues that the trial court erred in denying his motion to suppress. We affirm be
FACTUAL AND PROCEDURAL BACKGROUND
The district court made extensive findings of fact, none of which is clearly erroneous and all of which are supported by evidence in the record. We therefore paraphrase the court’s findings here.
In July 2003, Multnomah County Sheriffs Deputy Todd Shanks stopped a vehicle driven by William Barrett. In the course of the stop, he found a pressure-cooker in the trunk. Shanks suspected that the pressure-cooker had been used in the manufacture of methamphetamine. Barrett told Deputy Shanks that the pressure-cooker belonged to “Gunner Crapser,” who was staying at an EconoLodge Motel in Gresham, Oregon, in a room registered to a white, female dancer named Summer Twilligear.
Shanks also learned that there was an outstanding arrest warrant for someone who used the name “Gunner Crapser.” The warrant information, however, was flagged to warn officers not to confuse the wanted person, whose true name was James Stover, with anyone else who used the name “Gunner Crapser.”
Shanks decided to go to the motel for two reasons. First, he intended to investigate whether the “Gunner Crapser” whom Barrett had described was the same man who was wanted. Second, Shanks intended to try to “knock and talk” his way into obtaining consent to search the room where Crapser was staying so as to look for evidence of methamphetamine activity. Shanks, who was in uniform and driving a marked patrol vehicle, asked for other officers to assist him at the motel. In the end, four uniformed officers and one plainclothes officer were involved in the contact that led to Defendant’s arrest.
The officers confirmed with the motel manager that Summer Twilligear rented Room 114. They then went to Room 114. Adjacent to an eight-foot-by-five-foot exterior concrete entryway is a five-foot-wide sidewalk that runs alongside the motel rooms. Next to the sidewalk is the parking area for motel guests. Although a sign in the parking lot warns that parking is reserved for motel guests, the parking lot and the walkways leading to the doors of the motel rooms are open to public view and are accessible by anyone in the parking area.
When the officers arrived at about 11 a.m. on the day in question, they parked where they were not immediately visible from Room 114. Sergeant Edward Walls, who was in uniform, took a precautionary position at the rear of Room 114. There are no windows or doors on that side of the structure, so his presence was not obvious to the occupants of Room 114. Deputies Marc Galloway and Chad Phifer, who also were in uniform, and Deputy Scott Timms, who was in plain clothes, accompanied Shanks when he knocked on the door to Room 114. All of the uniformed officers had visible sidearms, and the plain-clothes officer had a concealed weapon. The police firearms, however, remained holstered at all times.
In response to Shanks’ knock on the door of Room 114, a white woman, later identified as Twilligear, pulled back the curtains from inside the room and made eye contact with Shanks. Shanks asked Twilligear if she would open the door so that he could speak with her. She nodded in the affirmative and closed the curtains. About two minutes passed before she opened the door. While the officers waited, they heard what sounded like people moving things around inside the room.
Shanks asked Twilligear for identification. After obtaining her name and date of birth, he ran a records check and determined she was “clear.” Shanks explained to Twilligear why the police had come to her motel room and asked who was renting the room. Twilligear told Shanks that she had rented the room and that Defendant had been there the night before. Twilli-gear said that other people also had been in and out of the room. Although Twilli-gear admitted she used methamphetamine, she denied that she was “cooking” any drugs and denied that there were any drug chemicals in the room. At this point, Shanks left Twilligear and Timms to join Galloway, Phifer, and Defendant while Timms continued to speak with Twilligear in the hope of obtaining her consent to search the room.
While Galloway and Phifer were speaking with Defendant about the warrant, they noticed that Defendant was very nervous and that his hands were shaking. Defendant’s nervous demeanor contrasted sharply with his calm demeanor during a 20-minute traffic stop by these same officers about a week earlier. Defendant’s behavior raised Galloway’s suspicions. When Shanks joined the group a bit later, he, too, noticed that Defendant was very nervous; his hands were trembling and an artery was visibly pulsating in his neck.
Defendant explained to the officers that, in the past, he had been mistaken for another person who used the name “Gunner Crapser” and that there were no warrants outstanding for his arrest. Phifer left to run a computer check in his patrol vehicle. While Phifer was away and Defendant was talking with Galloway, Galloway asked Defendant something about drugs.
Defendant unexpectedly pulled a syringe from his right back pocket and said, “This is all I have on me.” The syringe was capped and looked like the kind of syringe used by intravenous drug users. The cylinder contained a clear liquid that Galloway suspected was methamphetamine.
After Phifer confirmed that Defendant’s physical characteristics did not match those of the wanted person, he returned from his patrol car and told Galloway that Defendant was “clear.” But, by this time, Defendant had produced the syringe. Galloway patted him down to ensure that he had nothing on his person, other than the syringe, that could be used as a weapon. Shanks was present during the pat-down, which occurred about five minutes after Defendant emerged from Room 114.
Shanks confirmed with Defendant that he had stayed in Room 114 the previous night and that Twilligear was renting the room. Defendant said he had some personal property in the room. Shanks asked Defendant whether he would consent to a search of his person. Defendant answered “yes.” Shanks then searched Defendant’s pockets. In the right front pants pocket Shanks discovered a tissue-wrapped roll of three or four syringes and a small baggie
Shanks then told Defendant that he believed there might be a methamphetamine manufacturing operation in Room 114 and asked for Defendant’s consent to search the room. At the same time, Timms was asking Twilligear for consent to search the room. Twilligear expressed concern that she not be held accountable for the content of Defendant’s bags and said loudly, in Defendant’s direction, that he should “own up” to what he had in the room. Defendant told Shanks that his blue adidas duffel bag contained a 9 mm handgun and a shotgun.
Specifically in response to Shanks’ request for consent to search the room, Defendant said that he would consent. Shanks presented Defendant with a written consent form and read it, verbatim, to Defendant. Shanks also ascertained that Defendant had completed nine years of schooling. Defendant told Shanks that he understood the form, and he signed it. The consent form identified the location and gave permission to search the room and the blue adidas duffel bag for evidence of controlled substance and firearms offenses. Twilligear signed a similar form consenting to the search of Room 114. The resulting search turned up the firearms that are the subject of this case.
In October 2003, the grand jury returned a three-count indictment. Defendant filed a motion to suppress, asserting that the officers had violated the Fourth Amendment when they detained him because they did not have a reasonable suspicion to seize him, search him, pat him down, or search his motel room. The district court held an evidentiary hearing and denied the motion. Defendant pleaded guilty to the illegal firearm count in the indictment in exchange for dismissal of the other counts. He reserved the right to appeal the district court’s rulings on his motion to suppress. This timely appeal followed.
STANDARDS OF REVIEW
We review de novo the denial of a motion to suppress evidence, United States v. Bautista,
DISCUSSION
A. The initial contact with Defendant was consensual.
The first question that we must answer is whether the initial conversation with Defendant was a seizure or, instead, was voluntary and consensual. We hold that the district court properly concluded that the encounter was voluntary and consensual, not amounting to a seizure.
This situation bears a strong resemblance to the encounter that we described in United States v. Cormier,
This Court stated the general rule regarding “knock and talk” encounters almost forty years ago in the following passage:
Absent express orders from the person in possession against any possible trespass, there is no rule of private or public conduct which makes it illegal per se, or a condemned invasion of the person’s right of privacy, for anyone openly and peaceably, at high noon, to walk up the steps and knock on the front door of any man’s “castle” with the honest intent of asking questions of the occupant thereof — whether the questioner be a pollster, a salesman, or an officer of the law. Davis,327 F.2d at 303 . That view has now become a firmly-rooted notion in Fourth Amendment jurisprudence. See [United States v.] Jerez, 108 F.3d [684, 691 (7th Cir.1997)]; United States v. Taylor,90 F.3d 903 , 909 (4th Cir.1996); United States v. Tobin,923 F.2d 1506 , 1511 (11th Cir.1991); United States v. Roberts,747 F.2d 537 , 543 (9th Cir.1984). The facts of this case fall under the general rule of Davis. Here, Peters knocked on the door for only a short period spanning seconds. In addition, Peters never announced that she was a police officer while knocking nor did she ever compel Cormier to open the door under the badge of authority. Because there was no police demand to open the door, see United States v. Winsor,846 F.2d 1569 , 1573 n. 3 (9th Cir.1988) (en banc), and Peters was not unreasonably persistent in her attempt to obtain access to Cormier’s motel room, see Jerez,108 F.3d at 691-92 , there is no evidence to indicate that the encounter was anything other than consensual. Therefore, no suspicion needed to be shown in order to justify the “knock and talk.” See Florida v. Bostick,501 U.S. 429 , 434,111 S.Ct. 2382 ,115 L.Ed.2d 389 (1991).
Cormier,
Here, similarly, there was a single, polite knock on the door. The police did not demand that Twilligear open the door; they asked, she nodded an affirmative response, and the police waited patiently and silently for her to decide that she (and Defendant, as it turned out) were ready to come outside about two minutes later. Although the officers were armed, they made no effort to draw Defendant’s attention to their weapons, nor did they use any form of physical force. The police made no effort to enter the motel room. The encounter occurred in the middle of the day, on a sidewalk in public view. The entire event, up to the time Defendant produced the syringe, lasted about five minutes. Although there were four officers present, most of the time only two talked to Defendant, while two talked to Twilligear, and part of the time only Galloway was with Defendant. The police did not block Defendant or Twilligear, suggest that they could not leave or return to their room, give them orders, or affirmatively assert authority over their movements.
It also is instructive to contrast this case with Orhorhaghe v. INS,
In short, we hold that the “knock and talk” resulted in a voluntary, consensual encounter between Defendant and the police outside Room 114.
B. Even if Defendant was seized, the police had reasonable suspicion to stop him.
Even if the initial encounter was a seizure, it was a Terry stop supported by reasonable suspicion. See Terry v. Ohio,
First, the police had a reasonable suspicion that Defendant was the Gunner Crap-ser for whom they had an outstanding warrant, until Phifer completed the computer check in his patrol car. Accordingly, it was permissible to detain him in order to resolve questions about his identity. See United States v. Christian,
Second, the police had a reasonable suspicion that Defendant was engaged in the manufacture of methamphetamine. By the time Galloway asked Defendant a question about drugs, the police knew four significant facts: (1) Defendant displayed extremely nervous behavior, in contrast to his behavior a week earlier when the same officers had stopped him for another reason; (2) Barrett, upon being arrested, had said that the pressure-cooker found in the trunk of his vehicle belonged to Gunner Crapser, and a pressure-cooker could be used in methamphetamine production; (3) Twilligear admitted to being a methamphetamine user and told police that other people had come and gone from Room 114 the previous night; and (4) between the time Twilligear nodded her assent to talk to Shanks and the time she and Defendant emerged, two minutes elapsed, during which the police heard the sounds of people moving things around the room. These facts, taken together, were enough to permit a reasonable officer to suspect that criminal activity was afoot. Additionally, although Defendant had explained that he was not the same Gunner Crapser for whom the arrest warrant had been issued, the police had not yet confirmed that fact and still reasonably suspected that he might be the wanted person.
Although the dissent is correct that nervousness, possession of a pressure-cooker, staying in a motel room with a person using methamphetamine, and taking a few minutes to open the door are each, by themselves, not necessarily indicative of criminal behavior, all of these facts together are. In United States v. Arvizu, 534
Defendant responds that, even if reasonable suspicion existed, a Terry stop cannot occur “at” a person’s residence. We disagree. Although we have not squarely considered this issue before, we have held that police may make a warrantless arrest of a suspect who voluntarily opens the door to his residence in response to a knock by the police. United States v. Vaneaton,
Likewise, we now hold that when a suspect voluntarily opens the door of his residence in response to a non-coercive “knock and talk” request, the police may temporarily seize the suspect outside the home (or at the threshold) provided that they have reasonable suspicion of criminal activity. If an arrest in the doorway is allowed, certainly the lesser intrusion of a Terry stop in the hallway is also permissible.
In United States v. Gori,
The defendants argue that reasonable suspicion is not enough because the Santana exception to Payton is limited to circumstances in which officers have probable cause to arrest a suspect exposed to public view. We see no basis for that limitation. The Santana analysis, which supports the warrantless arrest of a suspect who has no legitimate expectation of privacy, a fortiori allows the lesser intrusion of a brief investigatory detention. See Illinois v. Wardlow,528 U.S. 119 ,120 S.Ct. 673 ,145 L.Ed.2d 570 (2000) (investigatory detention “is a far more minimal intrusion” than arrest); United States v. Place, 462 U.S.*1149 696, 705,103 S.Ct. 2637 ,77 L.Ed.2d 110 (1983) (same).
Our cases establish that Terry does not apply inside a home. See United States v. Martinez,
There is a critical difference, however, between the inside of a home and the outer threshold and beyond, as recognized in Santana. That difference is the suspect’s expectation of privacy. When Defendant opened the motel room door and came outside, he surrendered his heightened expectation of privacy and the Fourth Amendment protections that go along with it — including the right not to be detained based on reasonable suspicion.
In sum, we hold that, if Defendant was seized, the seizure was a permissible Terry stop supported by reasonable suspicion.
C. Defendant’s consent to search his person, motel room, and duffel bag was voluntary.
The only remaining question is whether Defendant’s oral and written consent to search was voluntarily given. We consider five factors in determining the voluntariness of a consensual search: “(1) whether the defendant was in custody; (2) whether the arresting officers had their guns drawn; (3) whether Miranda warnings were given; (4) whether the defendant was notified that [he] had a right not to consent; and (5) whether the defendant had been told a search warrant could be obtained.” United States v. Jones,
The district court found that Defendant was in custody when he consented to the search, and the government concedes that point. Nonetheless, “[a] person in custody is capable of giving valid consent to search.” United States v. Lindsey,
Accordingly, we hold that the district court’s finding that Defendant knowingly and voluntarily consented to the search was not clearly erroneous.
AFFIRMED.
Dissenting Opinion
dissenting.
The majority opinion further weakens our Fourth Amendment protections— whatever is left of them. Specifically, I disagree, first, with the majority’s holding that Crapser’s initial contact with police was consensual. Our holdings in United States v. Washington,
I. Crapser was seized when he exited the motel room.
“It is well settled that ‘[t]he Fourth Amendment protection against unreasonable searches and seizures is not limited to one’s home, but also extends to such places as hotel or motel rooms.’ ” United States v. Bautista,
In Orhorhaghe, we identified five factors that aid in determining whether a reasonable person approached by police officers at his residence would have believed that he was “at liberty to ignore the police presence and to go about his business.”
Examining Crapser’s initial encounter with the officers in light of these factors, there can be little doubt that he was seized. When Crapser exited the room he was confronted by four police officers, three of whom were in uniform and visibly carrying weapons. The encounter occurred on private property in a location partially shielded from public view. The officers acted in a manner that suggested compliance would be compelled, separating Crapser and his companion, interrogating them, and never informing them that they had the right to terminate the encounter.
The majority disregards these facts and fails to undertake the requisite analysis under Orhorhaghe, instead merely listing various factors it believes demonstrate that the encounter was voluntary. In so doing, it both misinterprets our case law and ignores controlling Ninth Circuit precedent.
First, the majority concludes that the fact that the officers were carrying visible weapons is immaterial because they “made no effort to draw the Defendant’s attention to their weapons.” Maj. Op. at 1147. Thus, the majority appears to be under the impression that in order to find that “weapons were displayed” under the second Orhorhaghe factor, officers must actually draw or draw attention to their weap
Second, the majority errs in finding that the setting in which the encounter occurred weighs in favor of a finding of voluntariness. Maj. Op. at 1147. Specifically, the majority’s characterization of the setting as “a sidewalk in public view” is belied by the record. As the district court noted, the incident occurred on private property, on a walkway between motel rooms and a parking area in which “a sign ... warns that parking is reserved for motel guests.” Moreover, testimony at the suppression hearing described the area as set far back from the street and somewhat shielded from view by a set of stairs up to the second floor. Accordingly, while the location in which the encounter took place may not weigh as strongly against a finding of voluntariness as it would have had it occurred in a narrow enclosed hallway “shielded from the view of the vast majority of the public,” Washington,
Third, the majority ignores the extent to which the officers’ conduct and manner “indicated that compliance would be compelled.” Washington,
Not only does the majority fail to analyze the encounter in light of the Orho-rhaghe factors, and to misapply the factors it does mention, its conclusion that Crap-ser was not seized conflicts with our holding in Washington,
Though the facts of Washington are not totally analogous to those presented here, there are several distinct similarities, including the number of officers involved, the moving of the defendant to a location 20 to 30 feet from the door of the motel room, the officious manner of the officers, their visible carrying of weapons, and the fact that the officers never indicated the defendant was free to terminate the encounter.
The majority fails to analyze the facts of the case before us in light of Washington, instead concluding that this case is controlled by United States v. Cormier,
We rejected Cromier’s argument that he had been seized at the time he allowed Peters to enter his motel room because he had been confronted by only a single officer in plain clothes and the officer neither displayed a weapon nor spoke to Cromier in an authoritative tone. Id. at 1110. Moreover, Cromier failed to present evidence that he had tried to terminate the encounter, and there was no testimony that suggested that Cromier was “not at liberty to ignore the police presence and go about his business.” Id. (quoting Florida v. Bostick,
While neither Washington nor Cormier present facts that are identical to those before us, the facts in Washington are clearly far more analogous. Indeed, the
II. The officers did not possess reasonable suspicion to question Crapser about drug activity.
Because Crapser was seized, all evidence obtained as a result of the seizure must be excluded unless the police had reasonable suspicion to detain and question him. Terry v. Ohio,
The scope of an investigative detention “must be carefully tailored to its underlying justification.” Florida v. Royer,
The officers’ reasonable suspicion as to whether Crapser was the object of the warrant did not provide reasonable suspicion as to his involvement in drug activity, or allow for questioning on that subject. There is no evidence in the record indicating that the warrant was for a drug-related offense or for anything more serious than a traffic violation. Although we do not know the precise questions asked by Officer Galloway prior to Crapser’s production of the syringe, the district court found that they related to drugs. As such, this interrogation was permissible only if there were particularized, objective factors that justified an expansion of the scope of the inquiry from Crapser’s identity vis-a-vis the Crapser warrant to the subject of narcotics. See United States v. Murillo,
(1) Defendant displayed extremely nervous behavior, in contrast to his behavior a week earlier when the same officers had stopped him for another reason; (2) Barrett, upon being arrested, had said that the pressure-cooker in the trunk of his vehicle belonged to Gunner Crapser, and a pressure-cooker could be used in methamphetamine production; (3) Twilligear admitted to being a methamphetamine user and told police that other people had come and gone from Room 114 the previous night; and (4) between the time Twilli-gear nodded her assent to talk to Shanks and the time she and Defendant emerged, two minutes elapsed, during which the police heard the sounds of people moving things around the room.
Maj. Op. at 1147. This holding is erroneous. First, Twilligear’s statements regarding her own methamphetamine use and the coming and goings from Room 114 cannot support a finding of reasonable suspicion, if only because they were not known to Officer Galloway at the time he questioned Crapser about drug activity. Second, the remaining factors- — viewed individually and in the aggregate — were insufficient to provide Galloway with reasonable suspicion that Crapser was involved in drug activity.
As noted, Officer Galloway was unaware that Twilligear had admitted to using methamphetamine at the time he questioned Crapser about his involvement in drug activity. Crapser and Twilligear were questioned simultaneously by different officers and were separated by 25-30 feet.
At the time that Galloway interrogated Crapser, the only factors that could have provided him with reasonable suspicion that Crapser was involved in drug activity were the (1) pressure cooker found in Barrett’s car, which Barrett stated belonged to Crapser, (2) the two minutes that transpired between the time that the officers knocked on the door to the motel room and when Crapser and Twilligear emerged, and (3) Crapser’s nervousness when confronted by a group of armed police officers.
Similarly, neither the two minutes that transpired between the time the officers knocked on the door of Twilligear’s motel room and the time she and Crapser emerged, nor the fact the officers heard people moving about the room, suggests that anyone was involved in drug activity. Nothing in the record suggests that either Crapser or Twilligear was doing anything other than simply getting out of bed and putting on clothes or straightening- up before opening the door. Accordingly, the two minute period, alone or in conjunction with the other facts pointed to by the majority, does not give rise to reasonable suspicion. In fact, Twilligear indicated to the officers, shortly after they knocked, that she would open the door so that they could speak with her. (At this point, the police had not suggested that Crapser rather than she was the object of their inquiry.) That it took Summer Twilligear, an exotic dancer, two minutes to get ready to make a public appearance for an interview is hardly a suspicious circumstance.
Nor did Crapser’s apparent nervousness, by itself or in combination with the pressure cooker and Twilligear’s two minute delay before opening her motel room door, provide reasonable suspicion that Crapser was involved in drug activity. Nervousness upon being approached, detained, and questioned by a group of visibly armed police officers is far too common to be of much probative value, nor does it suggest that a person is involved in drug activity as opposed to other unlawful conduct. The nervousness is especially understandable in Crapser’s case as the same group of armed officers had detained him
III. The legality of a Terry stop when officers approach a suspect at his residence is a question that need not be resolved here.
Because I would hold that there was no reasonable suspicion that would justify a Terry stop here, I would not address the question whether police officers may request an individual to step outside his home and then conduct a Terry-stop as soon as he does. See Washington,
*1157 Terry’s twin rationales for a brief investigatory detention — the evasive nature of the activities police observe on the street and the limited nature of the intrusion — appear to be inapplicable to an encounter at a suspect’s home. Officers on the beat may lose a suspect before the officers have gathered enough information to have probable cause for an arrest. In contrast, officers who know where a suspect lives have the opportunity to investigate until they develop probable cause, all the while knowing where to find the suspect. Because “[njowhere is the protective force of the Fourth Amendment more powerful than [within] the sanctity of the home,” the second rationale for a Terry-stop seems almost absent by definition when the intrusion is at the suspect’s home.
Id. at 1067-68 (internal citations omitted).
Because the rationales that underlie the Terry doctrine do not support the extension of that doctrine to cases in which the encounter occurs immediately outside the home of a defendant who has been requested to step outside so that he may be questioned, Washington,
IV. Crapser’s subsequent consent to the search of his motel room did not “purge the taint” of the illegal seizure and interrogation.
Because Crapser’s arrest and his eventual consent to the search of his motel room resulted from an illegal investigatory stop, further inquiry is necessary to determine whether the evidence subsequently obtained should be excluded on that basis notwithstanding Crapser’s subsequent consent to the search of his person and the motel room. In general, “evidence obtained subsequent to an illegal investigation is tainted by the illegality and thus
In Bautista we held that, where officers entered the defendant’s hotel room without a warrant and without consent, the fact that the defendant’s wife subsequently consented to the search was not sufficient to purge the taint of the illegal entry because “the government points to no ‘significant intervening time, space or event’ between the officer’s illegal conduct and Mrs. Baustista’s consent.” Id. (quoting Jones,
Here, as in Bautista, the government cannot point to any “significant intervening time, space or event” between the unlawful seizure and Crapser’s consent to the search of his person and his motel room. “In other words, the government has not shown that there was a break in the chain of events sufficient to refute the inference that the search ... [was the] product[ ] of the illegal [seizure].” Id. (quoting United States v. Twilley,
I would hold that the district court erred in denying Crapser’s motion to suppress. Accordingly, I respectfully dissent.
Notes
. In addition to the three factors discussed separately in the text the two others, the number of officers dispatched to conduct the investigation of Crapser and their failure to advise him of his right to terminate the encounter also support a conclusion that the encounter was nonconsensual.
. The majority states that Crapser and Twilli-gear, along with the officers questioning them were separated by 10-25 feet. However, Officer Shanks testified that the distance between the two groups was 25-30 feet.
. Indeed, the district court found that Shanks did not approach Crapser and Galloway until after Galloway questioned Crapser about his involvement in drug activity. Specifically, it found that, after Crapser and Twilligear exited the motel room
Deputy Shanks asked Deputies Galloway and Phifer to speak with Defendant to determine whether he was the person identified in the arrest warrant. The three of them moved a short distance away. In the meantime, Deputies Shanks and Timms spoke with Twilligear.... Deputy Phifer left Deputy Galloway and Defendant and ran a computer check [on the warrant] in his patrol vehicle. While Deputy Phifer was away and Defendant and Deputy Galloway were talking, Defendant unexpectedly pulled a syringe from his right back pocket and said to Deputy Galloway, "This is all I have on me." ... [T]he Court concluded it is likely Deputy Galloway asked Defendant something about drugs before Defendant produced the syringe.... After Deputy Phi-fer confirmed that Defendant's physical description (including tattoos) did not match the wanted person, Deputy Phifer returned from his patrol car and told Deputy Galloway that Defendant was "clear." ... Deputy Galloway decided to "pat-down” the defendant to ensure he did not have anything besides the syringe on his person that could be used as a weapon. Deputy Galloway found nothing of concern during the pat-down.... About this time, which was approximately five minutes after Defendant and Twilligear first came out of Room 114, Deputy Shanks joined Deputy Galloway, Deputy Phifer and Defedant. Deputy Shanks learned about the syringe and was present during the pat-down.
Thus, the district court's findings of fact make clear that, at the time Galloway asked Crap-ser "something about drugs,” Shanks had not yet informed him of Twilligear's statements with respect to her drug use and the comings and goings from Room 114.
. The warrant provides no basis for reasonable suspicion of narcotics activity. Although at the time of the questioning the officers had not definitively established that Crapser was not the person named in the warrant, they were aware that he likely was not that person because Crapser did not match the physical description in the warrant and the warrant specifically warned officers that there might be more than one person using the name "Gunner Crapser.” Moreover, as noted above, even if the officers believed that Crap-ser was the person described in the warrant, the warrant does not provide reasonable suspicion of drug • activity because there is no indication that the warrant related to a drug related crime.
. Barrett was arrested during a traffic stop because there was an outstanding warrant for his arrest. The record does not reveal what that warrant was for or whether anything, besides the pressure cooker, was found in Barrett's car.
. In reaching the opposite conclusion, the majority relies on United States v. Arvizu,
. In reaching the opposite conclusion, the majority relies on our decision in United States v. Vaneaton,