Legal Opinion

United States v. Gerald Duane Kerr

Court of Appeals for the Ninth Circuit

Decided May 21, 1987No. 86-1277PublishedCited by 75 opinions

1Opinion of the Court

WIGGINS, Circuit Judge:

Gerald Duane Kerr appeals his conviction for possession of methamphetamine with intent to distribute in violation of 21 U.S.C. § 841(a)(1). Kerr entered a conditional guilty plea, reserving his right to challenge the district court’s denial of his motion to suppress evidence. Kerr argues that the police subjected him to a Terry stop without founded suspicion and therefore violated the fourth amendment. We agree and reverse and remand.

FACTS

On Sunday December 15, 1985 at 3:30 p.m., Deputy Sheriff Hedrick was on routine patrol in a rural neighborhood. Deputy Hedrick…

2Cases cited9 opinions

  1. Terry v. OhioSupreme Court of the United States · 1968
  2. United States v. Barry Jay FeldmanCourt of Appeals for the Ninth Circuit · 1986
  3. United States v. Riad Abed Al-AzzawyCourt of Appeals for the Ninth Circuit · 1986
  4. United States v. William John Sutton, United States of America v. Freddie Goldbaum Ortiz, United States of America v. Valentine Frank ProitteCourt of Appeals for the Ninth Circuit · 1986
  5. United States v. Frank J. MaybusherCourt of Appeals for the Ninth Circuit · 1984

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

3Cited by75 opinions

  1. State v. Garcia-CantuCourt of Criminal Appeals of Texas · 2008
  2. United States v. Michael JohnsonCourt of Appeals for the Ninth Circuit · 2001
  3. People v. LuedemannIllinois Supreme Court · 2006
  4. Liston v. County of RiversideCourt of Appeals for the Ninth Circuit · 1997
  5. United States v. Enrique EspinosaCourt of Appeals for the Ninth Circuit · 1987

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

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