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U.S. v. FLATTER

No. 04-30337.

456 F.3d 1154 (2006)

UNITED STATES of America, Plaintiff-Appellee, v. Andrew Milton FLATTER, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed August 9, 2006.

Attorney(s) appearing for the Case

Jeffry K. Finer, Spokane, WA, for the defendant-appellant.

Stephanie J. Lister, Assistant United States Attorney, Spokane, WA, for the appellee.

Before: BEEZER, TALLMAN, and BYBEE, Circuit Judges.

BYBEE, Circuit Judge:

Appellant Andrew Flatter was a postal service employee suspected of stealing mail. Before questioning him, officers conducted a pat-down search pursuant to Terry v. Ohio, 392 U.S. 1, 88 S.Ct. 1868, 20 L.Ed.2d 889 (1968), in order to ensure officer safety. The officers had no evidence that Flatter had a weapon; they conducted the search because they were concerned that their questioning might turn confrontational...

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