[Download] "United States v. Michelletti" by United States Court of Appeals for the Fifth Circuit " Book PDF Kindle ePub Free
eBook details
- Title: United States v. Michelletti
- Author : United States Court of Appeals for the Fifth Circuit
- Release Date : January 25, 1994
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 77 KB
Description
The court has decided again to turn its attention en banc to the extent of a police officers authority to conduct a Terry frisk for officer and public safety. In United States v. Rideau, 969 F.2d 1572 (5th Cir. 1992) (en banc), we held that an officer did not violate the Fourth Amendment when he "reached out and touched the pants pocket" of "a person he suspected was intoxicated, standing in the road, at night, in a high crime area." Id. at 1573. Here, we hold that the Fourth Amendment is not violated when an officer lightly frisked the pants pocket in which the appellant held his right hand as he barged out the back door of a bar, beer in the left hand, at closing time, and walked toward the policeman and a group of individuals he was about to question. Our decision rests squarely upon the reasonableness of the officers decision as gauged in Terry v. Ohio, 392 U.S. 1, 30, 88 S. Ct. 1868, 1884-85, 20 L. Ed. 2d 889 (1968):
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