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US v. Smith, No. 08-4378

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By FindLaw Staff on February 10, 2010 1:57 PM

In a prosecution of defendant for being a felon in possession of a firearm, denial of defendant's motion to suppress evidence of the firearm is affirmed as officers' actions did not violate the Fourth Amendment where: 1) officers' initial contact with defendant, as they entered the building in an attempt to respond to an emergency 911 call, did not result in a seizure in violation of the Fourth Amendment; and 2) when an officer told defendant to stop, there was a proper basis for an investigatory Terry stop and the degree of intrusion at issue was reasonably related in scope to the situation at hand.  

Read US v. Smith, No. 08-4378

Appellate Information

Argued: January 21, 2010

Decided and Filed: February 10, 2010


Opinion by Circuit Judge  McKeague


For Appellant:  Bryan Robert Faller, Porter Wright Morris & Arthur LLP

For Appellee:  Karl P. Kadon, III, Assistant US Attorney

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