On Nov. 20, Carl Roy Burleson pleaded guilty to charges of felon in possession of a firearm in Las Cruces Federal Court. The guilty plea followed a three-year-long court battle and appeals process after his arrest on May 2, 2008.
The final ruling was published on Sept. 12, 2011, when the Federal Tenth Circuit Court of Appeals decided in the United States v. Burleson that the Roswell Police Department had not violated Burleson’s Fourth Amendment rights.
Burleson was stopped, in what is known as a Terry Stop, shortly before midnight. Officer Jeff Kuepfer decided to question Burleson and two companions as they exited the alley and began walking in the middle of the street. One of the three was carrying a pit bull without a leash.
A Terry Stop is a pedestrian stop. The name stems from the 1968 decision when United States Supreme Court ruled in Terry versus Ohio that an individual’s Fourth Amendment rights prohibiting unLogin to read more