U.S. v. BLACK

No. 11-5084.

707 F.3d 531 (2013)

UNITED STATES of America, Plaintiff-Appellee, v. Nathaniel BLACK, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: February 25, 2013.


Attorney(s) appearing for the Case

ARGUED: Ann Loraine Hester , Federal Defenders of Western North Carolina, Inc., Charlotte, North Carolina, for Appellant. Richard Lee Edwards , Office of the United States Attorney, Asheville, North Carolina, for Appellee. ON BRIEF: Henderson Hill , Executive Director, Elizabeth A. Blackwood , Federal Defenders of Western North Carolina, Inc., Charlotte, North Carolina, for Appellant. Anne M. Tompkins , United States Attorney, Charlotte, North Carolina, for Appellee.

Reversed and vacated by published opinion. Judge GREGORY wrote the opinion, in which Judge DAVIS joined. Chief Judge TRAXLER wrote a separate opinion concurring in the result.


OPINION

GREGORY, Circuit Judge:

In Terry v. Ohio, Chief Justice Earl Warren recognized that police officers need discretion to perform their investigative duties. 392 U.S. 1, 88 S.Ct. 1868, 20 L.Ed.2d 889 (1968). Since Terry, this discretion has been judicially broadened, giving police wide latitude to fulfill their functions. In some circumstances, however, police abuse this discretion, and we must remind law...

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