U.S. v. FERNANDEZ

No. 09-1058.

600 F.3d 56 (2010)

UNITED STATES of America, Appellee, v. Lamont FERNANDEZ, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided April 1, 2010.


Attorney(s) appearing for the Case

Thomas J. Iovieno, for appellant.

Cynthia A. Young, Assistant United States Attorney, with whom Michael K. Loucks, Acting United States Attorney, was on brief, for appellee.

Before BOUDIN, STAHL and LIPEZ, Circuit Judges.


LIPEZ, Circuit Judge.

This case raises an important question of Fourth Amendment law that is unresolved in this circuit: whether a police officer may request identifying information from passengers in a vehicle stopped for a traffic violation without particularized suspicion that the passengers pose a safety risk or are violating the law. Appellant Lamont Fernandez conditionally pled guilty to being a felon in possession of a firearm after the district court refused...

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