United States Third Circuit

In a Fourth Amendment challenge, district court's grant of defendant's motion to suppress is vacated and remanded where the district court must determine on remand whether the police officers' encounter with defendant was consensual or constituted a Fourth Amendment seizure, as this will determine whether the court needs to proceed to the remaining issue of whether defendant voluntarily consented to the pat-down search for weapons.

Appellate Information

• Decided 01/29/2009
• Published 01/29/2009

Judges

• Before:  BARRY, AMBRO, and JORDAN, Circuit Judges.

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• Christopher J. Christie, United States Attorney, George S. Leone, Chief, Appeals Division, Caroline A. Sadlowski (Argued), Assistant U.S. Attorney, Office of United States Attorney, Newark, NJ, for Appellant.


• For Appellees:
  
• Richard Coughlin, Federal Public Defender, Lisa M. Mack, Esquire (Argued), Louise Arkel, Esquire, Office of Federal Public Defender, Newark, NJ, for Appellee.