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U.S. v. SMITH

No. 10-10036.

633 F.3d 889 (2011)

UNITED STATES of America, Plaintiff-Appellee, v. Jermaine SMITH, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed February 3, 2011.

Attorney(s) appearing for the Case

Franny A. Forsman , Federal Public Defender, Jason F. Carr (argued), Assistant Federal Public Defender, Las Vegas, NV, for defendant-appellant Jermaine Smith.

Daniel G. Bogden , United States Attorney, Robert L. Ellman , Appellate Chief, Drew Smith , Assistant United States Attorney (argued), District of Nevada, Las Vegas, NV, for plaintiff-appellee United States of America.

Before: RONALD M. GOULD, CONSUELO M. CALLAHAN, Circuit Judges, and EDWARD R. KORMAN, Senior District Judge.

OPINION

GOULD, Circuit Judge:

Appellant Jermaine Smith challenges the decision of the district court to deny his motion to suppress a firearm that was recovered from his person by a police officer. We must decide whether Smith's actions constituted submission to a police officer's show of authority, thereby triggering the Fourth Amendment's requirement that the officer have reasonable suspicion before effectuating a seizure. If Smith was seized, and if the...

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