United States Sixth Circuit

In a prosecution of defendant for being a felon in possession of a firearm and possession of crack cocaine with intent to distribute, district court's denial of his motion to suppress evidence as the fruit of an illegal seizure is reversed and remanded as, because the totality of the circumstances did not provide a particularized and objective basis for suspecting defendant of criminal activity, and because the Fourth Amendment simply does not allow a detention based on an officer's gut feeling that a suspect is up to no good, the officers seized defendant without reasonable suspicion of criminal activity in violation of the Fourth Amendment.

Appellate Information

• Argued 08/04/2010
• Decided 09/08/2010
• Published 09/08/2010

Judges

• MOORE

Court

• United States Sixth Circuit

Counsel

• For Appellant:
  
• Laura E. Davis, Zachary C. Bolitho