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United States v. Askew

529 F.3d 1119 (2008)

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United States v. Askew

United States Court of Appeals for the D.C. Circuit

529 F.3d 1119 (2008)

Facts

An officer stopped Askew (defendant) because Askew was five blocks away from a robbery scene and somewhat matched the suspect’s physical description. Askew complied with the officer’s orders to produce identification and place his hands on his head. A second officer conducted a protective frisk of Askew and found nothing. Soon after, a third officer drove the robbery victim to where Askew was detained to conduct a showup identification. The suspect’s description included a blue hooded sweatshirt; Askew was wearing a jacket with a blue fleece jacket underneath. To help facilitate the identification, an officer unzipped Askew’s outer jacket to reveal the fleece jacket. The zipper stopped when it hit a solid object near Askew’s waist. At that point, Askew knocked the officer’s hand away from his zipper. The victim did not identify Askew as the robber. After the failed identification, two officers put Askew on the hood of a patrol car and unzipped his jacket. The officers found an open fanny pack at Askew’s waist with a gun partially sticking out. Askew was charged as a felon in possession of a firearm. After the district court denied Askew’s motion to suppress the firearm, Askew entered a conditional guilty plea and then appealed the denial of his suppression motion. A divided D.C. Circuit panel affirmed the trial court’s decision, and then the D.C. Circuit decided to rehear this case en banc.

Rule of Law

Issue

Holding and Reasoning (Edwards, J.)

Concurrence (Griffith, J.)

Dissent (Kavanaugh, J.)

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