United States v. Benavidez

ORDER AND JUDGMENT *

ROBERT E. BACHARACH, Circuit Judge.

Philip Benavidez, the defendant, was seen at about 11:00 p.m. in a parking lot that had been identified as a frequent place for drug deals. At the time, Mr. Benavidez was crouched next to another car and looking at something in a remote section of the parking lot. The scene appeared suspicious to a police officer, and he responded by temporarily detaining Mr. Benavidez and searching his person. During the search, the officer discovered a gun. Mr. Benavidez moved to suppress the gun, and the district court denied the motion. Under Supreme…