United States v. Henderson

LIPEZ, Circuit Judge.

Marcel Henderson was the passenger in a car stopped by Michael Kominsky, a patrol officer for the West Bridgewater, Massachusetts Police. After demanding Henderson’s social security number and date of birth, Kominsky found that a police database listed an old warrant for Henderson’s arrest. Acting on the database, which turned out to be wrong about the warrant, Kominsky searched Henderson and found a gun. Before trial, Henderson moved to suppress the gun, arguing that it had been the product of an illegal stop and that Kominsky had no basis for investigating the passenger…