United States v. Hernandez

SEYMOUR, Circuit Judge.

Phillip Hernandez was charged under 18 U.S.C. § 922(g)(1) with one count of being a felon in possession of a firearm. He filed a motion to suppress the evidence retrieved after his encounter with two Denver police officers one evening, claiming the evidence was obtained in violation of the Fourth Amendment. The district court granted the motion. The government appeals, and we affirm.

I

On October, 20, 2014, at approximately 7:43 p.m., Denver police officers Wile Mor-ghem and Daniel Walton were patrolling West 10th Avenue near its intersection with Mariposa Street in…