United States First Circuit

District court's denial of defendant's motion to suppress is affirmed where the officer's justifiable belief that he had detected a firearm in defendant's sweatshirt pocket, in combination with defendant's strange response to officer's question about the object in this pocket, clearly justified his decision to reach in and retrieve the firearm in defendant's pocket.

Appellate Information

• Decided 08/31/2009
• Published 08/31/2009

Judges

• EBEL, Circuit Judge., Before LYNCH, Chief Judge, TORRUELLA and EBEL, Circuit Judges.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Daniel J. Cloherty, by appointment of the court, with whom Victoria L. Steinberg and Dwyer & Collora, LLP were on brief for appellant.


• For Appellees:
  
• Mark T. Quinlivan, Assistant United States Attorney, with whom Michael J. Sullivan, United States Attorney, was on brief for appellees.