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US v. Mohamed, 09-1637

Denial of motion to suppres in conviction for being a felon in possession of a firearm

US v. Mohamed, 09-1637, concerned a challenge to the district court's denial of defendant's motion to suppress, in a prosecution of defendant for being a felon in possession of a firearm and ammunition.  In affirming, the court held that, under the particular circumstances in the case, the district court correctly concluded that defendant was detained in a valid investigatory stop that did not become a de facto arrest.

As the court wrote: "As the district court noted, the officers had valid concerns for their safety during the stop.  The officers reasonably suspected that Mohamed was the shooter or at least was a suspect involved in the shooting, which means that he very likely would be armed.  That fact supprts the actions they took to stabilize the situation and to protect themselves from Mohamed, should he reach for his gun and attempt to shoot.  Mohamed was detained only briefly before the gun was found."

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