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U.S. v. STREET

No. 08-6242.

614 F.3d 228 (2010)

UNITED STATES of America, Plaintiff-Appellee, v. Sam J. STREET, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: July 23, 2010.

Attorney(s) appearing for the Case

ARGUED: Bernard A. Eskandari, Munger, Tolles & Olson LLP, Los Angeles, California, for Appellant. Zachary C. Bolitho, Assistant United States Attorney, Knoxville, Tennessee, for Appellee. ON BRIEF: Bernard A. Eskandari, Derek J. Kaufman, Munger, Tolles & Olson LLP, Los Angeles, California, for Appellant. Zachary C. Bolitho, Assistant United States Attorney, Knoxville, Tennessee, Caryn L. Hebets, Assistant United States Attorney, Johnson City, Tennessee, for Appellee.

Before: BATCHELDER, Chief Judge; SUTTON and KETHLEDGE, Circuit Judges.

OPINION

SUTTON, Circuit Judge.

The central issue in this case is whether the police violated the Fourth Amendment during a traffic stop—and most particularly whether an officer permissibly grabbed Sam Street's arm after he reached into his pocket during the stop and after he had exited his car.

I.

On January 23, 2008, police in Washington County, Tennessee received a tip from an informant that a methamphetamine sale would take place...

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