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United States v. Cresceniano Ramirez

Frisk justified where there was sufficient reason to believe suspected drug purchaser was armed.

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Judge Lynch

UNITED STATES v. CRESCENIANO RAMIREZ — Defendant Cresceniano Ramirez,1 who is charged in a singlecount indictment with possession of a firearm by a convicted felon in violation of 18 U.S.C. §922(g)(1), moves for suppression of evidence obtained in the encounter with the police that led to his arrest. The Court held a factual hearing on the motion on December 11, 2002, and the parties subsequently submitted briefs. That the perfectly commonplace incident involved here requires intricate analysis speaks volumes about the difficulty of governing street encounters between police and citizens by case-specific, after-the-fact examination of the reasonableness of the police action. Having performed that analysis, however, the Court is persuaded that the officers here acted reasonably and within the bounds of law, and accordingly the motion for suppression of evidence will be denied.

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