(DOWNLOAD) "United States v. Zapata" by United States Court of Appeals for the First Circuit ~ Book PDF Kindle ePub Free
eBook details
- Title: United States v. Zapata
- Author : United States Court of Appeals for the First Circuit
- Release Date : January 24, 1994
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 63 KB
Description
This appeal presents questions concerning the legality of an investigatory stop, a warrantless automobile search, and an ensuing interrogation. Contrary to appellants importuning, we hold that the Supreme Courts opinion in California v. Hodari D., 499 U.S. 621, 113 L. Ed. 2d 690, 111 S. Ct. 1547 (1991), did not reconfigure the doctrine of Terry v. Ohio, 392 U.S. 1, 20 L. Ed. 2d 889, 88 S. Ct. 1868 (1968), and, therefore, did not transmogrify the law governing investigatory stops. Thus, we conclude on the facts of this case that a slight physical touching by a police officer, effected under circumstances falling short of probable cause, did not in itself transform a lawful Terry stop into an unlawful de facto arrest. Discerning no clear error in the district courts remaining findings -- that defendant consented to the challenged search (a search that yielded evidence which in any event inevitably would have been discovered) and that neither the seized evidence nor the statements to the police should be suppressed -- we affirm the judgment of conviction.
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