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UNITED STATES v. MONTGOMERY

No. 75-1715.

561 F.2d 875 (1977)

UNITED STATES of America v. Kevin L. MONTGOMERY, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided May 26, 1977.

Attorney(s) appearing for the Case

John D. Ferrell, Washington, D.C. (appointed by this court), for appellant.

Mary H. Weiss, Asst. U. S. Atty., Washington, D.C., with whom Earl J. Silbert, U.S. Atty., John A. Terry and Stuart Gerson, Asst. U. S. Attys., Washington, D.C., were on the brief, for appellee.

Before WRIGHT, LEVENTHAL and WILKEY, Circuit Judges.

Opinion for the Court filed by LEVENTHAL, Circuit Judge.

Dissenting opinion by WILKEY, Circuit Judge.

LEVENTHAL, Circuit Judge:

Defendant Montgomery claims on his appeal that the "routine traffic stop" that resulted in the discovery of an unregistered firearm in the car he was driving was a "seizure" lacking the justification required by the Fourth Amendment. Because we find that the stop was not based on an articulable suspicion of criminal behavior...

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