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U.S. v. GUNN

Criminal Action No. 97-181-A.

968 F.Supp. 1089 (1997)

UNITED STATES of America, Plaintiff, v. Antonio Lamont GUNN, and Collins Kusi Sakyi, Defendants.

United States District Court, E.D. Virginia, Alexandria Division.

June 24, 1997.

Attorney(s) appearing for the Case

Helen F. Fahey, United States Attorney, Elizabeth A. Jex, Special Assistant United States Attorney, Alexandria, VA, for U.S.

Robert Stanley Powell, Arlington, VA, for Defendant Sakyi.

Frank Salvato, Alexandria, VA, for Defendant Gunn.

MEMORANDUM OPINION

ELLIS, District Judge.

This is a prosecution of two defendants arrested after a routine traffic stop resulted in the discovery of drugs and a firearm. Both defendants filed pretrial severance and suppression motions, which motions presented two questions of special significance:

(1) whether a police officer may conduct a pat-down search on any passenger lawfully ordered to exit a vehicle after a traffic stop or whether the validity...

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