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U.S. v. BALDWIN

Docket No. 06-4265-cr.

496 F.3d 215 (2007)

UNITED STATES of America, Appellee, v. Jerome K. BALDWIN, also known as Jerome Baldwin, also known as Brucey B, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided: July 23, 2007.

Attorney(s) appearing for the Case

Deirdre A. Murray, Assistant Federal Public Defender (Paul F. Thomas, on the brief), for Thomas G. Dennis, Federal Public Defender, New Haven, CT, for Defendant-Appellant.*

Eric J. Glover, Assistant United States Attorney (William J. Nardini, on the brief), for Kevin J. O'Connor, United States Attorney, District of Connecticut, for Appellee.

Before: JACOBS, Chief Judge, WESLEY and GIBSON, Circuit Judges.

DENNIS JACOBS, Chief Judge:

When a driver heeds a police order to stop only to drive away as the police approach, has the driver been seized within the meaning of the Fourth Amendment? We hold that a seizure requires submission to police authority, and conclude that the driver's initial fleeting stop does not amount to such submission. We therefore affirm the denial of the driver's motion to suppress evidence found on his person and in his car, and affirm the conviction...

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