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Legal Opinion

United States v. Garcia

Court of Appeals for the Tenth Circuit

Decided May 12, 2014No. 13-2155PublishedCited by 22 opinions

1Opinion of the Court

MATHESON, Circuit Judge.

Officer Barton Devos discovered a gun magazine containing ammunition during a protective pat down of Cruz Garcia. A grand jury charged Mr. Garcia with being a felon in possession of ammunition in violation of 18 U.S.C. §§ 922(g)(1) and 924(a)(2).

Mr. Garcia moved to suppress evidence of the ammunition on Fourth Amendment grounds, contending the pat down search was unjustified. The district court denied the motion after concluding the arresting officer had reasonable suspicion that Mr. Garcia was armed and dangerous. Mr. Garcia entered a conditional guilty plea,…

2Cases cited16 opinions

  1. Terry v. OhioSupreme Court of the United States · 1968
  2. Adams v. WilliamsSupreme Court of the United States · 1972
  3. United States v. ArvizuSupreme Court of the United States · 2002
  4. United States v. McRaeCourt of Appeals for the Tenth Circuit · 1996
  5. United States v. SantosCourt of Appeals for the Tenth Circuit · 2005

11 more not listed; retrieve them via the Exa API.

3Cited by22 opinions

  1. United States v. Zar (Derek)Court of Appeals for the Tenth Circuit · 2015
  2. United States v. HammondCourt of Appeals for the Tenth Circuit · 2018
  3. United States v. LozadoCourt of Appeals for the Tenth Circuit · 2015
  4. United States v. GuruleCourt of Appeals for the Tenth Circuit · 2019
  5. United States v. FagerCourt of Appeals for the Tenth Circuit · 2016

17 more not listed; retrieve them via the Exa API.

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