United States v. Fernandez
Court of Appeals for the First Circuit
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
- Terry v. OhioSupreme Court of the United States · 1968
- Whren v. United StatesSupreme Court of the United States · 1996
- Berkemer v. McCartySupreme Court of the United States · 1984
- Florida v. BostickSupreme Court of the United States · 1991
- Michigan v. LongSupreme Court of the United States · 1983
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3Cited by36 opinions
- State v. AllenSupreme Court of Georgia · 2015
- Gericke v. BeginCourt of Appeals for the First Circuit · 2014
- United States v. JonesCourt of Appeals for the First Circuit · 2012
- Rodriguez v. StateSupreme Court of Georgia · 2014
- United States v. DionCourt of Appeals for the First Circuit · 2017
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