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GOMEZ v. TURNER

No. 81-1559.

672 F.2d 134 (1982)

Manuel GOMEZ, et al. v. Maurice T. TURNER, Jr., Chief of Police, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided February 26, 1982.

Attorney(s) appearing for the Case

Richard B. Nettler, Asst. Corp. Counsel, with whom Judith W. Rogers, Corp. Counsel, Charles L. Reischel, Deputy Corp. Counsel, and Michael E. Zielinski, Asst. Corp. Counsel, Washington, D. C., were on the brief, for appellant.

Keith S. Watson, with whom Daniel L. Koffsky, Arthur B. Spitzer, Nancy Pyeatt, Charles A. Patrizia, and Cynthia A. Lewis, Washington, D. C., were on the brief, for appellees.

Charles F. C. Ruff, U. S. Atty., John A. Terry, and Michael W. Farrell, Asst. U. S. Attys., Washington, D. C., were on the brief for, amicus curiae United States, urging reversal.

Before WRIGHT, TAMM and EDWARDS, Circuit Judges.

Opinion for the court filed by Circuit Judge TAMM.

TAMM, Circuit Judge:

The issue presented in this case is whether a police officer who approaches and asks a pedestrian for identification, without a reasonable suspicion of criminal conduct, has "seized" that person within the meaning of the fourth amendment.1 Because we find that such conduct, without more, is not a seizure, we vacate the injunction entered by the district court...

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