United States Fifth Circuit

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US v. Meredith, 05-31071

In the context of a lawful vehicle stop, after ordering an occupant to exit a vehicle and hearing that he claims to be physically unable to do so, an officer may open the occupant's door and conduct a minimally necessary visual inspection of the person of that occupant. Further, if this inspection reveals articulable facts constituting reasonable suspicion that the occupant is armed and dangerous or is concealing contraband, he may be patted down to the same extent as he could have been if he had complied with the order to exit the vehicle.

Appellate Information

  • Decided 02/26/2007
  • Published 02/27/2007

Judges

  • WIENER, Circuit Judge:, Before JONES, Chief Judge, and WIENER, and BARKSDALE, Circuit Judges.

Court

  • United States Fifth Circuit

Counsel

  • For Appellant:
  • Gregory M. Kennedy, Stephen A. Higginson, Asst. U.S. Atty., Sivashree Sundaram (argued), New Orleans, LA, for U.S., Roma A. Kent, Asst. Fed. Pub. Def. (argued), Robin Elise Shulberg, New Orleans, LA, for Meredith.