· 9/21/1994
United States v. James Robert Hernandez
Citations
- 27 F.3d 1403
- 1994 WL 278355
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that a man who reached into his pants to discard a gun while fleeing “never submitted to authority”
- holding that hesitation and eye contact, without more, did not constitute submission
- holding that hesitation and eye contact, without more, did not constitute submission
- noting that juries may put undue emphasis on particular testimony if provided with transcripts
- noting that a rule that treats a suspect’s momentary hesitation before flight as submission “would encourage suspects to flee after the slightest contact with an officer in order to discard evidence, and yet still maintain Fourth Amendment protections”
- inferring the “jury’s obvious intent to emphasize a specific portion of the transcript” after naming what part of the testimony it wanted excerpted
Source: CourtListener parenthetical corpus (CC0).
Judges: Wiggins, Nelson, Reed
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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