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U.S. v. SAKYI

No. 97-4813.

160 F.3d 164 (1998)

UNITED STATES of America, Plaintiff-Appellee, v. Collins Kusi SAKYI, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided October 30, 1998.

Attorney(s) appearing for the Case

ARGUED: Robert Stanley Powell, Arlington, Virginia, for Appellant. Marlene Mary Wahowiak, Special Assistant United States Attorney, Office of United States Attorney, Alexandria, Virginia, for Appellee. ON BRIEF: Helen F. Fahey, United States Attorney, Office of United States Attorney, Alexandria, Virginia, for Appellee.

Before NIEMEYER and WILLIAMS, Circuit Judges, and MAGILL, Senior Circuit Judge of the United States Court of Appeals for the Eighth Circuit, sitting by designation.

Affirmed by published opinion. Judge NIEMEYER wrote the opinion, in which Judge WILLIAMS and Senior Judge MAGILL joined.

OPINION

NIEMEYER, Circuit Judge:

In this case we must decide whether a passenger in an automobile may lawfully be "patted down" in connection with a lawful traffic stop before a search of the vehicle for suspected drugs. We hold that because the officer had an objectively reasonable suspicion of criminal activity and a legitimate...

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