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U.S. v. JENKINS

Docket Nos. 05-2679-cr(L), 05-5307-cr(CON).

452 F.3d 207 (2006)

UNITED STATES of America, Appellee, v. James JENKINS, Derrick Luther, a/k/a Derrick Hall, Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided: June 23, 2006.

Attorney(s) appearing for the Case

Colleen P. Cassidy, Federal Defenders of New York, Inc. Appeals Bureau, New York, NY, for Defendant-Appellant James Jenkins.

Richard E. Signorelli, New York, NY, for Defendant-Appellant Derrick Luther.

John J. O'Donnell, Assistant United States Attorney (Michael J. Garcia, United States Attorney, John M. Hillebrecht, Assistant United States Attorney, on the brief), United States Attorney's Office for the Southern District of New York, New York, NY, for Appellee.

Before MESKILL, CABRANES, and WESLEY, Circuit Judges.

JOSÉ A. CABRANES, Circuit Judge.

We consider here whether officers who reasonably believe that they have valid grounds for pulling over a vehicle, but then realize once the vehicle is stopped that they acted on the basis of a mistake of fact, violate the Fourth Amendment rights of the occupants of the vehicle simply by walking up to the vehicle. We conclude that in such circumstances the officers do not violate the Fourth Amendment rights of the occupants...

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