United States Sixth Circuit

Grant of a motion to suppress evidence in a prosecution for being a felon in possession of a firearm is reversed where: 1) an initial interaction between a police officer and defendant was a consensual encounter, and not an involuntary detention; and 2) defendant's response indicating that he did not have an ID gave the officer probable cause to make the ensuing warrantless arrest.

Appellate Information

• Decided 05/24/2007
• Published 05/24/2007

Judges

• Before COLE, CLAY, and GILMAN, Circuit Judges.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Duane J. Deskins, Assistant United States Attorney, Cleveland, Ohio, for Appellant.  Charles E. Fleming, Federal Public Defender's Office, Cleveland, Ohio, for Appellee.   ON BRIEF:  Duane J. Deskins, Assistant United States Attorney, Cleveland, Ohio, for Appellant.   Charles E. Fleming, Federal Public Defender's Office, Cleveland, Ohio, for Appellee.