UNITED STATES of America, Appellant-Cross-Appellee,
v.
Dustin L. McCARGO, Defendant-Appellee-Cross-Appellant.
United States Court of Appeals, Second Circuit.https://leagle.com/images/logo.png
Argued: April 20, 2006.
Decided: September 13, 2006.
Attorney(s) appearing for the Case
James P. Kennedy, Jr., Assistant United States Attorney (Kathleen M. Mehltretter, Acting United States Attorney for the Western District of New York, on the brief), Buffalo, NY, for Appellant-Cross-Appellee.
Marianne Mariano, Assistant Public Defender, Federal Public Defender's Office, Western District of New York, Buffalo, NY, for Defendant-Appellee-Cross-Appellant.
Celeste L. Koeleveld, Assistant United States Attorney (Michael J. Garcia, United States Attorney for the Southern District of New York, Harry Sandick, Assistant United States Attorney; Kevin J. O'Connor, United States Attorney for the District of Connecticut, William J. Nardini and Robert M. Spector, Assistant United States Attorneys; Roslynn R. Mauskopf, United States Attorney for the Eastern District of New York, David C. James, Assistant United States Attorney; Glenn T. Suddaby, United States Attorney for the Northern District of New York, Brenda K. Sannes, Assistant United States Attorney; David V. Kirby, United States Attorney for the District of Vermont, of counsel) for the United States Attorneys' Offices of the Southern, Eastern, and Northern Districts of New York, the District of Connecticut, and the District of Vermont as amici curiae in support of Appellant-Cross-Appellee.
Darrell B. Fields, Federal Defenders of New York, Inc. Appeals Bureau (Alexander Bunin, Federal Public Defender for the Northern District of New York; Thomas Dennis, Federal Public Defender for the District of Connecticut; and Michael DeSaultels, Federal Public Defender for the District of Vermont, of counsel) for the Federal Public Defenders Offices of the Second Circuit as amici curiae in support of Defendant-Appellee-Cross-Appellant.
Before WALKER, Chief Judge, JACOBS and WALLACE, Circuit Judges.
United States Court of Appeals, Second Circuit.
JOHN M. WALKER, JR., Chief Judge.
Defendant-appellee-cross-appellant Dustin L. McCargo ("defendant" or "McCargo") was stopped by the Buffalo Police on July 28, 2003, blocks from a reported attempted burglary. The officers decided to take McCargo back to the scene of the alleged crime to see if the victim could identify him. Because the officers planned to transport him in the back of their patrol car, they frisked him for weapons in accordance with a departmental...
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