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U.S. v. SOWARDS

No. 10-4133.

690 F.3d 583 (2012)

UNITED STATES of America, Plaintiff-Appellee, v. Sean C. SOWARDS, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: June 26, 2012.

Attorney(s) appearing for the Case

ARGUED: C. Dennis Gibson, II , Dennis Gibson Law, PLLC, Ridgecrest, North Carolina, for Appellant. Melissa Louise Rikard , Office of the United States Attorney, Charlotte, North Carolina, for Appellee. ON BRIEF: Anne M. Tompkins , United States Attorney, Charlotte, North Carolina, for Appellee.

Reversed and remanded by published opinion. Judge WYNN wrote the majority opinion, in which Judge GREGORY concurred. Chief Judge TRAXLER wrote a dissenting opinion.

OPINION

WYNN, Circuit Judge:

On appeal, Sean C. Sowards argues that the district court erred in denying his motion to suppress because the police lacked probable cause to initiate a traffic stop based exclusively on an officer's visual estimate — uncorroborated by radar or pacing and unsupported by any other indicia of reliability — that Sowards's vehicle was traveling 75 miles per hour ("mph") in...

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