Legal Opinion

United States v. Fernandez

Court of Appeals for the First Circuit

Decided April 1, 2010No. 09-1058PublishedCited by 36 opinions

1Opinion of the Court

LIPEZ, Circuit Judge.

This case raises an important question of Fourth Amendment law that is unresolved in this circuit: whether a police officer may request identifying information from passengers in a vehicle stopped for a traffic violation without particularized suspicion that the passengers pose a safety risk or are violating the law. Appellant Lamont Fernandez conditionally pled guilty to being a felon in possession of a firearm after the district court refused to suppress a gun recovered from him following a traffic stop of a car in which he was a passenger. The handgun was discovered…

2Cases cited22 opinions

  1. Terry v. OhioSupreme Court of the United States · 1968
  2. Whren v. United StatesSupreme Court of the United States · 1996
  3. Berkemer v. McCartySupreme Court of the United States · 1984
  4. Florida v. BostickSupreme Court of the United States · 1991
  5. Michigan v. LongSupreme Court of the United States · 1983

17 more not listed; retrieve them via the Exa API.

3Cited by36 opinions

  1. State v. AllenSupreme Court of Georgia · 2015
  2. Gericke v. BeginCourt of Appeals for the First Circuit · 2014
  3. United States v. JonesCourt of Appeals for the First Circuit · 2012
  4. Rodriguez v. StateSupreme Court of Georgia · 2014
  5. United States v. DionCourt of Appeals for the First Circuit · 2017

31 more not listed; retrieve them via the Exa API.

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