United States v. Burrell

PAIR, Associate Judge:

This is an appeal by the Government from an order suppressing as evidence1 an operable pistol seized from appellee following a brief confrontation on a public street. The sole question is whether the arresting officer (Officer Flournoy) intruded upon appellee’s fourth amendment rights by placing his hand on appellee’s elbow and saying, “Hold it, sir, could I speak with you a second?” Finding no violation of any of appellee’s constitutionally protected rights, we reverse.

At the hearing on the motion to suppress, there was uncontroverted testimony that about 4:00 p. m. on…