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U.S. v. JONES

No. 07-3025.

584 F.3d 1083 (2009)

UNITED STATES of America, Appellee v. Jerome H. JONES, Appellant.

United States Court of Appeals, District of Columbia Circuit.

October 23, 2009.

Attorney(s) appearing for the Case

Dennis M. Hart, appointed by the court, argued the cause and filed the brief for appellant.

Leslie A. Gerardo, Assistant U.S. Attorney, argued the cause for appellee. With her on the brief were Jeffrey A. Taylor, U.S. Attorney at the time the brief was filed, and Roy W. McLeese III and Chrisellen R. Kolb, Assistant U.S. Attorneys.

Opinion for the Court by Circuit Judge ROGERS.

ROGERS, Circuit Judge:

In the District of Columbia it is a misdemeanor to drink alcoholic beverages in a public place. Specifically, "no person in the District [of Columbia] shall drink an alcoholic beverage or possess in an open container an alcoholic beverage in or upon... [a] street ... [or] sidewalk." D.C.Code § 25-1001(a)(1). The question on appeal is whether there was a proper investigative stop of appellant under Terry

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