U.S. v. FOSTER

No. 09-5161.

634 F.3d 243 (2011)

UNITED STATES of America, Plaintiff-Appellee, v. David DeShawn FOSTER, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: March 2, 2011.


Attorney(s) appearing for the Case

ARGUED: Curtis Scott Holmes , Brock, Payne & Meece, PA, Durham, North Carolina, for Appellant. Eric David Goulian , Office of the United States Attorney, Raleigh, North Carolina, for Appellee. ON BRIEF: George E.B. Holding , United States Attorney, Anne M. Hayes , Assistant United States Attorney, Office of the United States Attorney, Raleigh, North Carolina, for Appellee.

Reversed, vacated, and remanded by published opinion. Judge GREGORY wrote the opinion, in which Judge MOTZ and Judge WYNN joined.


OPINION

GREGORY, Circuit Judge:

David Foster was indicted on one count of possession with intent to distribute cocaine in violation of 21 U.S.C. § 841(a)(1). Police officers discovered cocaine and drug paraphernalia on his person during the course of an investigative stop. Foster filed a motion to suppress this evidence, arguing that the officers lacked reasonable suspicion to make the stop. After ruling that the underlying circumstances provided the...

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