STEPHENSON v. UNITED STATES

No. 6015.

296 A.2d 606 (1972)

Joseph S. STEPHENSON, Appellant, v. UNITED STATES, Appellee.

District of Columbia Court of Appeals.

Decided November 10, 1972.


Attorney(s) appearing for the Case

Charles A. Kubinski, Washington, D. C., for appellant.

Robert E. L. Eaton, Jr., Asst. U. S. Atty., with whom Harold H. Titus, Jr., U. S. Atty., John A. Terry and Charles E. Brookhart, Asst. U. S. Attys., were on the brief, for appellee.

Before REILLY, Chief Judge, and KERN and GALLAGHER, Associate Judges.


KERN, Associate Judge:

The sole issue in this appeal is the lawfulness of a police stop and frisk of appellant which uncovered incriminatory items resulting in his immediate arrest and his later trial for and conviction of burglary. Our decision necessarily rests upon the facts leading up to the confrontation between the police and appellant and what occurred during that encounter.

Two police officers, each in his own cruiser with motor idling, were parked...

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