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U.S. v. BURLESON

No. 10-2060.

657 F.3d 1040 (2011)

UNITED STATES of America, Plaintiff-Appellant, v. Carl Roy BURLESON, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

September 12, 2011.

Attorney(s) appearing for the Case

Richard A. Friedman , Attorney, United States Department of Justice ( Kenneth J. Gonzales , United States Attorney; Nathan J. Lichvarcik , Assistant United States Attorney; Lanny A. Breuer , Assistant Attorney General; Gregory D. Andres , Acting Deputy Assistant Attorney General, with him on the briefs), Washington, D.C., for Plaintiff-Appellant.

Steve G. Sosa , Assistant Federal Public Defender, Las Cruces, N.M., for Defendant-Appellee.

Before O'BRIEN, SEYMOUR, and EBEL, Circuit Judges.

EBEL, Circuit Judge.

Defendant-Appellee Carl Roy Burleson and two companions were stopped by a Roswell police officer because they were walking in the middle of the street and because they were carrying an unleashed dog, which aroused the officer's suspicions. After telling the three individuals that they were not permitted to walk in the street and satisfying himself that the dog was not stolen, the officer asked the individuals for their names and requested a warrants...

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