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United States v. Ford

United States Court of Appeals for the First Circuit

548 F.3d 1 (2008)

Facts

Two police officers on routine patrol in a police cruiser saw Ford (defendant) walking and did not recognize him. The officers drove the wrong way down a one-way street without flashing their lights or sirens, and one officer leaned out of a window to ask Ford if he could speak to him. Ford volunteered his driver’s license and told the officers he had no warrants and was not on probation. Both officers exited the cruiser and approached Ford from the same direction. They did not unholster their weapons. At that point, Ford raised his hands. When asked if he had any weapons, Ford claimed that he had a gun in his pocket that could not fire. The officers then handcuffed Ford and frisked him, recovering a handgun from his pocket. The entire encounter lasted two or three minutes, and the officers never told Ford that he could not leave. Ford was charged as a felon in possession of a handgun. Ford moved to suppress the gun, claiming that he was seized in violation of the Fourth Amendment as soon as the officers exited their cruiser. The district court denied this motion, and Ford entered a conditional plea of guilty and preserved his suppression motion for an appeal.

Rule of Law

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Issue

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Holding and Reasoning (Stahl, J.)

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A "yes" or "no" answer to the question framed in the issue section;
A summary of the majority or plurality opinion, using the CREAC method; and
The procedural disposition (e.g., reversed and remanded, affirmed, etc.).

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