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U.S. v. SHAREEF

No. 95-3381.

100 F.3d 1491 (1996)

UNITED STATES of America, Plaintiff-Appellant, v. Nafis Omar SHAREEF, also known as Kenneth Hultman, also known as James Russell McCellen, also known as Donald James Simmons; William D. Smith, also known as Mark Killingsworth; Joseph Brown; Chester Raymond Pitts, also known as David Wayne Drare; Spergeon Willie Murphy; Alicia D. Nash, also known as Laura Ann Bohland, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

November 13, 1996.

Attorney(s) appearing for the Case

Richard A. Friedman, United States Department of Justice, Washington, D.C. (Randall K. Rathbun, U.S. Attorney, and Gregory G. Hough, Office of the U.S. Attorney, Topeka, KS, with him, on the brief) for Plaintiff-Appellant.

Charles D. Dedmon, Office of the Federal Public Defender, Topeka, KS (David J. Phillips, Federal Public Defender, Kansas City, KS, with him, on the brief) for Defendant-Appellee Nafis Omar Shareef.

J. Richard Lake, Holton, KS, for Defendant-Appellee William D. Smith.

Jenine M. Jensen, Office of the Federal Public Defender, Denver, CO (Michael Gordon Katz, Federal Public Defender, Denver, CO, with her, on the brief) for Defendant-Appellee Joseph Brown.

Michael M. Jackson, Topeka, KS, for Defendant-Appellee Chester Raymond Pitts.

Melanie S. Morgan, Topeka, KS (Joseph D. Johnson, Topeka, KS, with her, on the brief) for Defendant-Appellee Spergeon Willie Murphy.

F.G. Manzanares, Topeka, KS (Stephen W. Kessler, Topeka, KS, with him, on the brief) for Defendant-Appellee Alicia D. Nash.

Before EBEL, LOGAN and BRISCOE, Circuit Judges.

EBEL, Circuit Judge.

This case presents the difficult question of how much force police officers may use to detain individuals following a lawful traffic stop when the officers have reasonable suspicion that the individuals are involved in criminal activity, but the suspicion has not yet ripened into probable cause to arrest. The district court found the police officers' conduct in detaining the defendants to be unreasonable and suppressed evidence discovered during...

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