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· 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 CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.