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United States First Circuit


US v. Barboza, 04-2075

An officer's insertion of his index finger into the instep of a suspect's "mid-top" sneaker during his initial pat-down for weapons does not exceed the proper scope of a protective search.

Appellate Information

  • Decided 06/15/2005
  • Published 06/15/2005

Judges

  • BALDOCK, Senior Circuit Judge., Before BOUDIN, Chief Circuit Judge, TORRUELLA, Circuit Judge, and BALDOCK, Senior Circuit Judge.

Court

  • United States First Circuit

Counsel

  • For Appellant:
  • Randolph M. Gioia was on brief for appellant.

  • For Appellees:
  • Theodore B. Heinrich, Assistant U.S. Attorney, with whom Michael J. Sullivan, U.S. Attorney, was on brief for appellee.
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