Duhart v. United States

ROGERS, Chief Judge:

Appellant Reginald K. Duhart appeals from his convictions on the ground that the trial court erred in denying his motion to suppress since the police lacked articulable suspicion justifying his seizure and frisk. We agree, concluding that the en banc decision in Smith v. United States, 558 A.2d 312 (D.C.1989) (en banc), is dispositive, and accordingly reverse.

I

On September 28, 1988 at approximately 7:25 p.m., Sergeant Tompkins of the Third District tactical unit, in uniform, was riding his scooter the wrong way down the 1400 block of Fairmont Street, N.W., when he observed…