United States v. Harry Sherman Luckett

OPINION

The government appeals from an order of the district court granting appel-lee’s motion to suppress evidence. The district court relied upon several grounds in granting the motion. Because we agree that the police improperly held appellee until a warrant check could be run, we do not reach the other issues raised by the subsequent events.

At approximately 12:30 a. m.,' in the early morning of a Saturday, two city police officers saw appellee cross a street in Gardena, California, against the traffic light. The officers drove up to him and waved him to the car. He responded immediately…