U.S. v. MASK

No. 02-40677.

330 F.3d 330 (2003)

UNITED STATES of America, Plaintiff-Appellant, v. Bryan Chadwick MASK, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

April 30, 2003.


Attorney(s) appearing for the Case

Kathleen A. Felton (argued), U.S. Dept. of Justice, Crim. Div. Appellate Section, Washington, DC, Allen Harvey Hurst, Asst. U.S. Atty., Tyler, TX, for Plaintiff-Appellant.

Eric Miller Albritton, Elizabeth L. DeRieux (argued), Albritton Law Firm, Odis R. Hill, Hill & Hill, Longview, TX, for Defendant-Appellee.

Before BENAVIDES, STEWART and CLEMENT, Circuit Judges.


BENAVIDES, Circuit Judge:

The United States appeals an order granting the defendant's motion to suppress on the grounds that the evidence at issue was the fruit of an illegal seizure of the defendant's person in violation of the Fourth Amendment. Concluding that the district court erred in finding that the defendant had been illegally seized, we reverse and remand.

I. Background

On the morning of August 2, 2001, Janie Marsh received a phone call...

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