United States Ninth Circuit

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US v. I.E.V., 11-10337

District court's denial of defendant's motion to suppress evidence obtained through a frisk after a vehicle stop is reversed and remanded where: 1) the police officers had no particularized suspicions directed at the unthreatening defendant to justify the frisk at its inception; and 2) the searching officer exceeded the lawful scope of the frisk by lifting the defendant's shirt to retrieve an object, because there is no evidence that the searching officer immediately recognized the object as a weapon or an unlawful item.

Appellate Information

  • Decided 11/28/2012
  • Published 11/28/2012

Judges

  • Smith

Court

  • United States Ninth Circuit

Counsel