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U.S. v. SMITH

No. 08-3642.

575 F.3d 308 (2009)

UNITED STATES of America, Appellant v. Thomas J. SMITH.

United States Court of Appeals, Third Circuit.

Filed: July 30, 2009.

Attorney(s) appearing for the Case

Keith M. Rosen, Esquire, (Argued), John C. Snyder, Esquire, Office of United States Attorney, Wilmington, DE, Attorneys for Appellant.

Keir Bradford, Esquire, (Argued), Edson A. Bostic, Esquire, Tieffa N. Harper, Esquire, Office of Federal Public Defender, Wilmington, DE, Attorneys for Appellee.

Before SCIRICA, Chief Judge, SLOVITER and FISHER, Circuit Judges.

OPINION OF THE COURT

SCIRICA, Chief Judge.

In this appeal, arising under the Fourth Amendment, we consider what constitutes submission to a police officer's authority. Defendant Thomas J. Smith was arrested and charged with one count of possession of a firearm by a convicted felon, in violation of 18 U.S.C. §§ 922(g)(1) and 924(a)(2), and one count of possession of cocaine base, in violation of 21 U.S.C. § 844(a). Smith filed a motion to suppress...

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