DC Circuit Vacates Conviction Based on Illegal Seizure
Group of folks were smoking pot outside a Washington, D.C. apartment building. Officer stops and sees one guy back away and raise his hands. Cop: "Just making sure there's no guns, that's it." Show me your waistband. Guy: "No. I'm cool" and shows waistband. Cop: Noticing some bulges, says "lift your shirt again" and nodded at another cop who just arrived to approach guy. Man: Runs away, throws gun in bushes, is arrest and charged with felon in possession. Guy: that was an illegal seizure! District court: No, it wasn't!