Opinion

Moore v. United States

  • 468 A.2d 1342
  • 1983 D.C. App. LEXIS 529
Court
District of Columbia Court of Appeals
Filed
Dec 6, 1983
Status
Published
Author
Newman
On the bench
Newman, Ne-Beker, Pryor
Cited by
13 cases
Authority
More cited than 10.1%

upholding Terry seizure based on anonymous caller's report that "a [black] male, five feet six or seven inches tall, 125 pounds, wearing a white hat and white trench coat, was standing at Sixteenth Street and Good Hope Road, S.E., with a gun in his left rear trouser’s pocket," plus officer's observation of a bulge in suspect's left trench coat pocket

How later courts described this case

  • upholding Terry seizure based on anonymous caller's report that "a [black] male, five feet six or seven inches tall, 125 pounds, wearing a white hat and white trench coat, was standing at Sixteenth Street and Good Hope Road, S.E., with a gun in his left rear trouser’s pocket," plus officer's observation of a bulge in suspect's left trench coat pocket

Written by the judges who cited it.

The opinion

*1347 NEWMAN, Chief Judge,

concurring:

Where the government’s contention is that as a result of a warrantless search of the person of the defendant certain evidence was seized, the defendant has standing to move for suppression. Nothing in United States v. Salvucci, 448 U.S. 83 , 100 S.Ct. 2547 , 65 L.Ed.2d 619 (1980), or Rakas v. Illinois, 439 U.S. 128 , 99 S.Ct. 421 , 58 L.Ed.2d 387 (1978), is to the contrary. The fact that defendant contends the evidence was not seized from his person does not deprive him of standing.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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