Legal Opinion · Dissent

United States v. Paul Johnson, Jr.

Court of Appeals for the Eleventh Circuit

Decided April 16, 2019No. 16-15690Published

1DissentRosenbaum, Circuit Judge

Today we hold that any ammunition may always be seized during a frisk when the searching officer immediately identifies it as ammunition, regardless of any surrounding circumstances. This is a new rule that we did not ask the parties to address, that neither party briefed, and that the government expressly declined to adopt at oral argument.

Indeed, during oral argument, the Court asked the government, "Once you feel the bullet, the officer can seize the bullet. Is that the government's position?" Recording of Oral Argument dated Oct. 24, 2018, at 38:58. And the government responded without…

2Cases cited30 opinions

  1. Terry v. OhioSupreme Court of the United States · 1968
  2. United States v. LeonSupreme Court of the United States · 1984
  3. United States v. CortezSupreme Court of the United States · 1981
  4. Michigan v. LongSupreme Court of the United States · 1983
  5. Illinois v. WardlowSupreme Court of the United States · 2000

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