Legal Opinion · Concurrence

United States v. Paul Johnson, Jr.

Court of Appeals for the Eleventh Circuit

Decided April 16, 2019No. 16-15690Published

1ConcurrenceNewsom, Circuit Judge

I agree that, in the "circumstances" that he confronted, the Fourth Amendment permitted Officer Williams to seize the bullet that he felt in Johnson's pocket, see Majority Op. at 997-98, and I therefore join the Court's opinion. I write separately to clarify that if it were up to me, rather than tying that judgment to the particular situation faced by the particular officer in this particular case, I would simply hold, as a prophylactic matter, that if a policeman discovers a bullet during the course of an otherwise-lawful Terry stop, he can seize it as a means of "neutraliz[ing] the threat"…

2Cases cited18 opinions

  1. Terry v. OhioSupreme Court of the United States · 1968
  2. United States v. CortezSupreme Court of the United States · 1981
  3. Sibron v. New YorkSupreme Court of the United States · 1968
  4. Dunaway v. New YorkSupreme Court of the United States · 1979
  5. Michigan v. LongSupreme Court of the United States · 1983

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