U.S. v. RIDEAU

No. 91-4172.

969 F.2d 1572 (1992)

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

United States Court of Appeals, Fifth Circuit.

August 14, 1992.


Attorney(s) appearing for the Case

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

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

Before POLITZ, Chief Judge, GOLDBERG, KING, GARWOOD, JOLLY, HIGGINBOTHAM, DAVIS, JONES, SMITH, DUHÉ, WIENER, BARKSDALE, EMILIO M. GARZA, DeMOSS, Circuit Judges.


PATRICK E. HIGGINBOTHAM, Circuit Judge:

This case requires us to consider the reasonableness of a police officer's actions in an encounter with a person he suspected was intoxicated, standing in the road, at night, in a high crime area. A panel of this court held that the officer violated the Fourth Amendment when he reached out and touched the pants pocket of the individual and discovered a gun. We granted rehearing en banc, and now hold that the officer's actions...

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