US v. Dubose, No. 08-2382

District court's denial of defendant's motion to suppress is affirmed where the officer's justifiable belief that he had detected a firearm in defendant's sweatshirt pocket, in combination with defendant's strange response to officer's question about the object in this pocket, clearly justified his decision to reach in and retrieve the firearm in defendant's pocket.

Read US v. Dubose, No. 08-2382

Appellate Information

Appeal from the United State District Court for the District of Massachusetts
Decided August 31, 2009

Judges

Before Lynch, Chief Judge, Torruella, Circuit Judge, and Ebel, Of The Tenth Circuit, sitting by designation.    
Opinion by Ebel, Circuit Judge.

Counsel

For Appellants: Daniel J. Cloherty and Victoria L. Steinberg of Dwyer & Collora, LLP by appointment of the court.

For Appellee: Mark T. Quinlivan, Assistant United States Attorney, with whom Michael J. Sullivan, United States Attorney