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U.S. v. HARRELL

Docket No. 00-1772.

268 F.3d 141 (2001)

UNITED STATES of America, Appellant, v. Walter HARRELL and Lawrence Dunham, Defendants-Appellees.

United States Court of Appeals, Second Circuit. August Term, 2000.

Decided: October 12, 2001.

Attorney(s) appearing for the Case

Bret A. Puscheck, Assistant United States Attorney for the Western District of New York (Denise E. O'Donnell, United States Attorney for the Western District of New York, of counsel), for Appellant.

Scott M. Green, Esq., Rochester, NY, for Defendant-Appellee Walter Harrell.

William Clauss, Federal Public Defender's Office, Rochester, New York (Jay S. Ovsiovitch, of counsel), for Defendant-Appellee Lawrence Dunham.

Before: MESKILL, KEARSE, and McLAUGHLIN, Circuit Judges.

BACKGROUND

McLAUGHLIN, Circuit Judge:

In this appeal we are called upon to review police conduct at the dimly-lit intersection of common sense and Fourth Amendment jurisprudence.

An anonymous tipster called 911 to complain that men with guns were in a certain car (perfectly described) on Plymouth Avenue and that the men had taken a shot at the tipster a week earlier. Police officers driving on a street near Plymouth Avenue spotted the car on the...

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