(Download) "United States V. Simmons" by Eleventh Circuit U.S. Court of Appeals " eBook PDF Kindle ePub Free
eBook details
- Title: United States V. Simmons
- Author : Eleventh Circuit U.S. Court of Appeals
- Release Date : January 14, 1999
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 58 KB
Description
A federal grand jury indicted Bobby Gene Simmons on charges of possession of a firearm by a convicted felon, in violation of 18 U.S.C. § 922(g), possession of cocaine with intent to distribute it, in violation of 21 U.S.C. § 841(a)(1), and carrying a firearm during and in relation to a drug offense, in violation of 18 U.S.C. § 924(c)(1). Simmons moved to suppress some thirty bags of cocaine and a firearm, both of which police officers discovered in his automobile following a traffic stop for running a stop sign. After holding an evidentiary hearing, the district court suppressed both the gun and the cocaine as the fruits of a "prolonged" detention that violated the Fourth Amendment. The government has taken this interlocutory appeal from the suppression order, arguing that the relatively short additional delay occasioned by the officers' investigation during the traffic stop-attempting to verify whether the detainee was the "Bobby Simmons" who was the subject of an outstanding arrest warrant-was a valid detention under Terry v. Ohio, 392 U.S. 1, 88 S.Ct. 1868, 20 L.Ed.2d 889 (1968). *fn1 We agree and reverse.
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