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United States v. Edmonds

The court vacated and remanded the District Court's conviction of a defendant on a drug trafficking charge, holding that the government failed to introduce any evidence that the school near which he was arrested was of the specific type of schools enumerated in the 21 U.S.C. Section 860(a).

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Argued January 22, 2001

Opinion for the Court filed by Circuit Judge Sentelle.

Based on evidence that police officers discovered during a Terry stop and subsequent searches, appellant Brad K. Edmonds was convicted of possessing cocaine base within 1,000 feet of a school in violation of 21 U.S.C. � 860(a). Edmonds appeals that conviction, arguing that the evidence introduced against him was obtained in violation of the Fourth Amendment’s guarantee against unreasonable searches and seizures. Because we conclude that, considering the totality of the circumstances, the police officer reasonably suspected that appellant was engaged in criminal activity, we hold that he obtained the evidence lawfully. However, the United States introduced no evidence that the school near which appellant was arrested was one of the specific types of schools enumerated in the statute, and we therefore vacate his conviction and remand with instructions that his conviction for a lesser included offense be reinstated.

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