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U.S. v. HENDERSON

No. 03-1888.

463 F.3d 27 (2006)

UNITED STATES of America, Appellee, v. Marcel HENDERSON, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided September 8, 2006.

Attorney(s) appearing for the Case

Jane Elizabeth Lee for the appellant.

Mark T. Quinlivan, Assistant United States Attorney, with whom Michael J. Sullivan, United States Attorney, was on brief, for the United States.

Before LIPEZ, Circuit Judge, CYR and STAHL, Senior Judges.

LIPEZ, Circuit Judge.

Marcel Henderson was the passenger in a car stopped by Michael Kominsky, a patrol officer for the West Bridgewater, Massachusetts Police. After demanding Henderson's social security number and date of birth, Kominsky found that a police database listed an old warrant for Henderson's arrest. Acting on the database, which turned out to be wrong about the warrant, Kominsky searched Henderson and found a gun. Before trial, Henderson moved to suppress...

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