U.S. v. BARBOZA

No. 04-2075.

412 F.3d 15 (2005)

UNITED STATES of America, Appellee, v. Keith BARBOZA, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided June 15, 2005.


Attorney(s) appearing for the Case

Theodore B. Heinrich, Assistant U.S. Attorney, with whom Michael J. Sullivan, U.S. Attorney, was on brief for appellee.

Randolph M. Gioia was on brief for appellant.

Before BOUDIN, Chief Circuit Judge, TORRUELLA, Circuit Judge, and BALDOCK, Senior Circuit Judge.


BALDOCK, Senior Circuit Judge.

We address a single issue in this appeal: Whether, during an initial pat-down for weapons, an officer's insertion of his index finger into the instep of a suspect's "mid-top" sneaker exceeded the proper scope of a protective search.

I.

The relevant facts are undisputed. Boston police officers witnessed Defendant speaking with suspected gang members on a street in Boston known for gang violence. Moments later, during...

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