United States Sixth Circuit

In a case involving the constitutionality of a pat-down search of a car passenger that resulted in the discovery of over one pound of powder cocaine, grant of a motion to suppress evidence in the prosecution for drug-related offenses is affirmed where the district court did not err in finding that the government had not shown that the officers had a reasonable suspicion that the passenger was armed and dangerous before conducting the pat-down search.

Appellate Information

• Decided 10/29/2007
• Published 10/29/2007

Judges

• Before:  BATCHELDER and GILMAN, Circuit Judges;  VARLAN, District Judge.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Braden H. Boucek, Assistant United States Attorney, Memphis, Tennessee, for Appellant.  David W. Camp, Law Office of David Camp, Jackson, Tennessee, for Appellee.   ON BRIEF:  Braden H. Boucek, Assistant United States Attorney, Memphis, Tennessee, for Appellant.  David W. Camp, Law Office of David Camp, Jackson, Tennessee, for Appellee.