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U.S. v. MICHELLETTI

No. 92-8274.

13 F.3d 838 (1994)

UNITED STATES of America, Plaintiff-Appellee, v. Johnny Carl MICHELLETTI, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

January 25, 1994.

Attorney(s) appearing for the Case

Marc H. Robert, Asst. Federal Public Defender and Lucien B. Campbell, Federal Public Defender, El Paso, TX, for defendant-appellant.

Joseph H. Gay, Jr., Richard L. Durbin, Jr., Asst. U.S. Attys., and Ronald F. Ederer, U.S. Atty., San Antonio, TX, for plaintiff-appellee.

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

EDITH H. JONES, Circuit Judge:

The court has decided again to turn its attention en banc to the extent of a police officer's authority to conduct a Terry frisk for officer and public safety. In United States v. Rideau, 969 F.2d 1572 (5th Cir. 1992) (en banc), we held that an officer did not violate the Fourth Amendment when he "reached out and touched the pants pocket" of "a person he suspected was intoxicated...

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