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U.S. v. RIDEAU

No. 91-4172.

949 F.2d 718 (1991)

UNITED STATES of America, Plaintiff-Appellee, v. Izeal RIDEAU, Jr., Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing Granted February 11, 1992.

Attorney(s) appearing for the Case

Donald E. Sample, Beaumont, Tex. (Court-appointed), for defendant-appellant.

Kerry M. Klintworth, Asst. U.S. Atty., Bob Wortham, U.S. Atty., Beaumont, Tex., for plaintiff-appellee.

Before GOLDBERG, SMITH, and DUHÉ, Circuit Judges.

Rehearing En Banc Granted February 11, 1992.

JERRY E. SMITH, Circuit Judge:

Defendant Izeal Rideau, Jr., contends that the weapon admitted into evidence against him should have been suppressed on the ground that it was seized pursuant to an invalid investigatory detention and protective patdown. Finding that the patdown was improper, we now reverse his conviction.

I.

Officer Jimmy Ellison and his partner were driving toward the intersection...

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