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UNITED STATES v. BURRELL

No. 5923.

286 A.2d 845 (1972)

UNITED STATES, Appellant, v. John Lewis BURRELL, Appellee.

District of Columbia Court of Appeals.

Decided January 31, 1972.

Rehearing in Banc Denied March 2, 1972.

Attorney(s) appearing for the Case

Robert Richard Chapman, Asst. U. S. Atty., with whom Thomas A. Flannery, U. S. Atty., John A. Terry and James B. McMahon, Asst. U. S. Attys., were on the brief, for appellant.

William J. Garber, Washington, D. C., for appellee.

Before GALLAGHER, NEBEKER and PAIR, Associate Judges.

Rehearing in Banc Denied March 2, 1972. See 288 A.2d 248.

PAIR, Associate Judge:

This is an appeal by the Government from an order suppressing as evidence1 an operable pistol seized from appellee following a brief confrontation on a public street. The sole question is whether the arresting officer (Officer Flournoy) intruded upon appellee's fourth amendment rights by placing his hand on appellee...

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