United States v. Hozie Chamberlin

HUG, Circuit Judge:

The opinion of December 26,1979 is hereby withdrawn and the following opinion is substituted. Hozie Chamberlin appeals from a conviction of possession of a check stolen from the mail in violation of 18 U.S.C. § 1708. The principal question on this appeal is whether the detention of the appellant following an investigatory stop resulted in a seizure amounting to an unlawful arrest, requiring suppression of the evidence derived from that detention. The appellant moved to suppress the evidence; and upon denial of the motion he waived a jury trial and proceeded to trial before…