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U.S. v. LEWIS

Nos. 90-3029, 90-3034.

921 F.2d 1294 (1990)

UNITED STATES of America, Appellant, v. Dennis S. LEWIS. UNITED STATES of America, Appellant, v. Leigha T. COTHRAN.

United States Court of Appeals, District of Columbia Circuit.

Decided December 21, 1990.

Attorney(s) appearing for the Case

Kathleen A. Felton, Asst. U.S. Atty., with whom Jay B. Stephens, U.S. Atty., and John R. Fisher, Washington, D.C., Asst. U.S. Atty., were on the brief, for appellant in both cases. Robert A. Feitel, Washington, D.C., Asst. U.S. Atty., was also on the brief for appellant in No. 90-3034.

Thomas Abbenante, Washington, D.C. (appointed by this court) for appellee Lewis.

Howard F. Bramson, Washington, D.C. (appointed by this court) for appellee Cothran.

Arthur B. Spitzer and Elizabeth Symonds (for American Civil Liberties Union), James W. Klein, David A. Reiser, David H. Remes, and Barry Coburn, Washington, D.C. (for Public Defender Service for D.C.) were on the joint brief for amici curiae.

Before BUCKLEY, D.H. GINSBURG, and RANDOLPH, Circuit Judges.

Opinion for the court filed by Circuit Judge BUCKLEY.

BUCKLEY, Circuit Judge:

In these two cases, defendants challenge a new and increasingly common tactic in the war on drugs: Police officers board a commercial bus at an intermediate stop and, with the permission of individual passengers, ask questions, examine identifications and tickets, and conduct searches. Although we have not previously dealt with a Fourth Amendment challenge to this particular technique...

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