In a prosecution for possession of a firearm with a removed serial number, denial of defendant's motion to suppress is reversed where the police did not have reasonable suspicion to believe that criminal activity was occurring, and thus, the stop of defendant's vehicle violated the Fourth Amendment.
Argued: June 17, 2009
Decided and Filed: July 24, 2009
Opinion by Judge Moore
Concurrence by Judge Gilman
Jonathan P. Witmer-Rich, Federal Public Defender's Office, Cleveland, OH
Robert F. Corts, Assistant United States Attorney, Cleveland, OH