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UNITED STATES v. SMITH

No. 83-1004.

713 F.2d 491 (1983)

UNITED STATES of America, Plaintiff-Appellee, v. James D. SMITH, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided August 16, 1983.

Attorney(s) appearing for the Case

Geoffrey A. Hansen, Asst. Federal Public Defender, San Francisco, Cal., for defendant-appellant.

Eb F. Luckel, Jr., Asst. U.S. Atty., San Francisco, Cal., for plaintiff-appellee.

Before GOODWIN and HUG, Circuit Judges, and SOLOMON, District Judge.

HUG, Circuit Judge:

Smith was convicted of one count of possession of burglary tools in violation of the Assimilated Crimes Act, 18 U.S.C. § 13, and one count of giving false information to a federal officer in violation of 36 C.F.R. § 2.10. On appeal, he argues that certain evidence obtained subsequent to a Terry stop should have been suppressed because the stop was actually an arrest without probable cause or, alternatively, because the United States...

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