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U.S. v. ASKEW

No. 04-3092.

529 F.3d 1119 (2008)

UNITED STATES of America, Appellee v. Paul ASKEW, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided June 20, 2008.

Attorney(s) appearing for the Case

Sandra G. Roland, Assistant Federal Public Defender, argued the cause for appellant. With her on the briefs were A.J. Kramer, Federal Public Defender, and Sharon R. Rice, Assistant Federal Public Defender.

Blair G. Brown, Jonathan E. Nuechterlein, and Sambhav N. Sankar were on the brief for amicus curiae National Association of Criminal Defense Lawyers in support of appellant.

Florence Y. Pan, Assistant U.S. Attorney, argued the cause for appellee. With her on the brief were Jeffrey A. Taylor, U.S. Attorney, and Roy W. McLeese, III, Assistant U.S. Attorney.

Dissenting opinion filed by Circuit Judge KAVANAUGH, with whom Chief Judge SENTELLE and Circuit Judges HENDERSON and RANDOLPH join.

EDWARDS, Senior Circuit Judge:

On the evening of December 19, 2003, police officers received a broadcast "lookout" for an armed robber. Appellant Paul Askew, who wore clothing similar, but not identical to that described in the lookout, was stopped. The police then conducted a Terry "frisk" which produced nothing. Some time after the frisk was completed, the police moved appellant to a place where he could be seen...

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