United States v. Johnson

ROGERS, Associate Judge:

Pursuant to D.C. Code § 23-104(a)(l) (1981) the United States appeals from the grant of a motion to suppress physical evidence and statements. It contends that since an anonymous tip justified an investigative stop under Terry v. Ohio, 392 U.S. 1, 88 S.Ct. 1868, 20 L.Ed.2d 889 (1968), the police had a right to search containers which might hold weapons, and that the statements were not obtained during custodial interrogation in violation of Miranda v. Arizona, 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694 (1966). We agree that the physical evidence should not have been…