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Citing Hodari D., the Third Circuit reverses District Court?s order suppressing evidence.

By Candace Hom, Melinda Ghilardi, Nancy Rimmer, Sarah Gannett, Renee Pietropaolo and Tieffa Harper

In United States v. Waterman, No. 08-2543, June 24, 2009, the Court of Appeals reversed the District Court?s suppression of evidence and remanded for further proceedings.The facts of the case are as follows: Police officers responded to a dispatcher?s report of an anonymous caller?s observation of a "subject" with a gun at a specific location. Upon arrival at the location the officer?s observed five individuals standing on the front porch of a house. The officer?s exited their vehicle and without seeing any weapons, ordered the individuals to put their hands in the air. All individuals complied, except one - Waterman - who kept his hands in his jacket pockets. The officers, who still had not seen any weapons, removed their firearms and repeatedly ordered Waterman to show his hands...continue to full post

Full post as published by Third Circuit Blog on June 26, 2009 (boomark / email).