United States Third Circuit

In a prosecution for drug- and firearm-related offenses, grant of defendant's motion to suppress all physical evidence and statements stemming from his encounter with police is reversed where the court erred when it held defendant was seized prior to his physical contact with the officers as there was no show of authority by the police officers in the first alleged seizure, and he did not indicate submission to the officers' show of authority in the second alleged seizure.

Appellate Information

• Argued 04/20/2009
• Decided 07/30/2009
• Published 07/30/2009

Judges

• Before SCIRICA, Chief Judge, SLOVITER and FISHER, Circuit Judges.

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• Keith M. Rosen, Esquire, (Argued), John C. Snyder, Esquire, Office of United States Attorney, Wilmington, DE, Attorneys for Appellant.


• For Appellees:
  
• Keir Bradford, Esquire, (Argued), Edson A. Bostic, Esquire, Tieffa N. Harper, Esquire, Office of Federal Public Defender, Wilmington, DE, Attorneys for Appellee.