United States v. Lee

NEBEKER, Associate Judge:

This is an appeal by the United States 1 from an order granting a defense motion to suppress a pistol. The question is whether the police officer unreasonably intruded upon appellee’s constitutionally protected rights by asking him for identification and seizing the weapon as appellee disclosed its presence in the form of a bulge under his waistband while pulling his coat aside in an apparent effort to reach toward his rear pocket. If the Government’s contention is correct, then the accused will answer the charge of carrying a pistol without a license. 2 We reverse.

Rob…