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U.S. v. SWANN

No. 97-4462.

149 F.3d 271 (1998)

UNITED STATES of America, Plaintiff-Appellee, v. Horace Marion SWANN, III, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided July 14, 1998.

Attorney(s) appearing for the Case

ARGUED: Mark Robert Wagner, Assistant Federal Public Defender, Office of the Federal Public Defender, Baltimore, Maryland, for Appellant. Jane Frances Nathan, Assistant United States Attorney, Greenbelt, Maryland, for Appellee. ON BRIEF: James K. Bredar, Federal Public Defender, Office of the Federal Public Defender, Baltimore, Maryland, for Appellant.

Lynne A. Battaglia, United States Attorney, Greenbelt, Maryland, for Appellee.

Before MURNAGHAN, WILKINS, and HAMILTON, Circuit Judges.

Affirmed by published opinion. Judge MURNAGHAN wrote the opinion, in which Judge WILKINS and Judge HAMILTON joined.

OPINION

MURNAGHAN, Circuit Judge:

In investigating a quite recent theft, a police officer stopped and frisked two suspects. In the sock of one, Horace Swann, III, the officer felt something hard and unusual. He did not testify that he believed it to be a weapon or that he knew it was not a weapon; rather he stated only that he did not...

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