United States v. Iev, Juvenile Male

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA , No. 11-10337 Plaintiff - Appellee, D.C. No. v. 4:11-cr-00929-

DCB-JJM-

I.E.V., JUVENILE MALE,

Defendant - Appellant.

OPINION

Appeal from the United States District Court for the District of Arizona David C. Bury, District Judge, Presiding

Argued and Submitted April 18, 2012–San Francisco, California

Filed November 28, 2012

Before: Alex Kozinski, Chief Judge, N. Randy Smith, and Morgan Christen, Circuit Judges.

Opinion by Judge N.R. Smith; Dissent by Chief Judge Kozinski UNITED STATES V . I.E.V.

SUMMARY*

Criminal Law

Reversing the district court’s denial of a motion to suppress evidence obtained through a frisk after a vehicle stop, the panel held that the Terry frisk was not justified at its inception and exceeded the scope of an appropriate Terry frisk.

Dissenting, Chief Judge Kozinski wrote that the majority opinion is wrong and dangerous.

COUNSEL

John D. Kaufmann, Tucson, Arizona, for Appellant.

Craig H. Russell (argued), Office of the United States Attorney, Tucson, Arizona; Vivian H.W. Wang, United States…