United States of America, Plaintiff-appellee, v. Renee Alberta Stoner, Defendant-appellant, 33 F.3d 60 (9th Cir. 1994)

Before: O'SCANNLAIN AND NELSON, T.G., Circuit Judges, and Merhige, Senior District Judge.² 

MEMORANDUM³ 

Stoner appeals from the district court's order of December 4, 1992, denying her motion to suppress evidence seized during the warrantless search of her car. On February 1, 1993, appellant entered into a conditional guilty plea agreement charging her in two counts with using a communication facility in committing a narcotic felony in violation of 21 U.S.C. § 843(b).

Appellant argues that her Fourth Amendment rights were violated when, after being stopped for a traffic violation, she and her passengers were questioned by the police. Appellant's detention was reasonable, and no Fourth Amendment violation occurred. Terry v. Ohio, 392 U.S. 1, 21 (1968); United States v. Holtzman, 871 F.2d 1496 (9th Cir. 1989); United States v. Bautista, 684 F.2d 1286 (9th Cir. 1982), cert. denied, 459 U.S. 1211 (1983). Appellant also contends that the police lacked probable cause to search her car. Based on the totality of the circumstances, the police had probable cause to believe that contraband or evidence was contained in the car. California v. Acevedo, 500 U.S. 565, 580 (1991).

AFFIRMED.