United States Third Circuit

Where the government failed to present essential evidence of reasonable suspicion to justify the stop of defendant's vehicle, and the burden of proof was improperly shifted to the defendant, the district court must weigh the government's arguments and evidence in favor of re-opening a suppression hearing.

Appellate Information

• Argued 04/01/2002
• Decided 07/03/2002
• Published 07/03/2002

Judges

• Before:  SLOVITER, FUENTES and MICHEL, Circuit Judges.

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• Jules Epstein, (argued), Kairys, Rudovsky, Epstein, Messing, Philadelphia, PA, for appellant.


• For Appellees:
  
• Patrick L. Meehan, United States Attorney, Laurie Magid, Deputy United States Attorney, for Policy and Appeals, Robert A. Zauzmer, (argued), Assistant United States Attorney, Senior Appellate Counsel, Kathleen M. Rice, Assistant United States Attorney, Office of United States Attorney, Philadelphia, PA, for appellee.