United States Sixth Circuit

In a prosecution for firearm possession by a felon, the District Court's order suppressing evidence is reversed, where the District Court, in assessing whether the officers who arrested Defendant had reasonable suspicion, erred by failing to take into account all information observed by the officers until Defendant yielded to unambiguous police authority.

Appellate Information

• Decided 04/16/2009
• Published 04/16/2009

Judges

• Before:  GUY, RYAN, and McKEAGUE, Circuit Judges.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Terry M. Cushing, Assistant United States Attorney, Louisville, Kentucky, for Plaintiff.  Frank W. Heft, Jr., Western Kentucky Federal Community Defender, Inc., Louisville, Kentucky, for Defendant.   ON BRIEF:  Terry M. Cushing, Jo E. Lawless, Monica Wheatley, Assistant United States Attorneys, Louisville, Kentucky, for Plaintiff.  Frank W. Heft, Jr., Laura R. Wyrosdick, Western Kentucky Federal Community Defender, Inc., Louisville, Kentucky, for Defendant.