U.S. v. FERGUSON

No. 91-6316.

8 F.3d 385 (1993)

UNITED STATES of America, Plaintiff-Appellee, v. Cecil FERGUSON, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided November 1, 1993.


Attorney(s) appearing for the Case

Christopher E. Cotten, Asst. U.S. Atty. (argued and briefed), Memphis, TN, for plaintiff-appellee.

Eugene A. Laurenzi (argued and briefed), Agee, Allen, Godwin, Morris & Laurenzi, Memphis, TN, for defendant-appellant.

Before: MERRITT, Chief Judge; and KEITH, KENNEDY, JONES, MILBURN, GUY, NELSON, RYAN, BOGGS, NORRIS, SUHRHEINRICH, SILER, and BATCHELDER, Circuit Judges.


BATCHELDER, Circuit Judge.

Defendant Cecil Ferguson appeals the district court's denial of his motion to suppress a firearm and evidence of drug trafficking found, following a traffic stop, in a car in which he was a passenger. Ferguson argues that the district court erred in finding that the traffic stop was not unlawfully pretextual and in not suppressing the evidence because of the unlawful stop. For the reasons discussed below, we adopt a new test in this Circuit...

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