U.S. v. MAYO

No. 03-4529.

361 F.3d 802 (2004)

UNITED STATES of America, Plaintiff-Appellant, v. Irvin D. MAYO, Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Argued: January 23, 2004.

Decided: March 23, 2004.


Attorney(s) appearing for the Case

ARGUED: Michael James Elston, Assistant United States Attorney, Alexandria, Virginia, for Appellant. Mary Elizabeth Maguire, Assistant Federal Public Defender, Richmond, Virginia, for Appellee. ON BRIEF: Paul J. McNulty, United States Attorney, Alexandria, Virginia, for Appellant. Frank W. Dunham, Jr., Federal Public Defender, Richmond, Virginia, for Appellee.

Before NIEMEYER, SHEDD, and DUNCAN, Circuit Judges.


Reversed and remanded by published opinion. Judge Niemeyer wrote the opinion, in which Judge Shedd and Judge Duncan joined.

OPINION

NIEMEYER, Circuit Judge:

City of Richmond police officers stopped and frisked Irvin Mayo while he was walking in a high-crime area of Richmond, Virginia. The officers had observed Mayo react to their presence by placing his hand in his left pocket and thereafter conduct himself in an evasive and suspicious manner, manifesting...

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