U.S. v. WERRA

No. 09-1593.

638 F.3d 326 (2011)

UNITED STATES of America, Appellee, v. James WERRA, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Heard June 10, 2010.


Attorney(s) appearing for the Case

Page Kelley , Assistant Federal Public Defender, Federal Defender Office, for appellant.

Richard M. Re , Attorney, Criminal Division, U.S. Department of Justice, with whom Lanny A. Breuer , Assistant Attorney General, Greg D. Andres , Acting Deputy Assistant Attorney General, Carmen Milagros Ortiz , United States Attorney, and Dina Chaitowitz , Assistant United States Attorney, Chief, Appellate Division, were on brief, for appellee.

Before LIPEZ, HOWARD and THOMPSON, Circuit Judges.


LIPEZ, Circuit Judge.

This case raises challenging questions about the legality of a stop-and-frisk conducted after law enforcement officers forced their way into a house occupied by a group of unrelated individuals to execute an arrest warrant. Inside the residence, the officers encountered and pat-frisked appellant James Werra—who was not the subject of the warrant—and discovered a gun in his pocket. After Werra was charged with being a felon in possession...

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