UNITED STATES v. BUSTER

No. 21-4101.

26 F.4th 627 (2022)

UNITED STATES of America, Plaintiff-Appellee, v. Anthony R. BUSTER, a/k/a Anthony Raymond Buster, a/k/a Blue Brown Harlem, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: February 22, 2022.


Attorney(s) appearing for the Case

ARGUED: Caroline Swift Platt , OFFICE OF THE FEDERAL PUBLIC DEFENDER, Alexandria, Virginia, for Appellant. Aidan Taft Grano-Mickelsen , OFFICE OF THE UNITED STATES ATTORNEY, Alexandria, Virginia, for Appellee. ON BRIEF: Geremy C. Kamens , Federal Public Defender, Nia Ayanna Vidal , Assistant Federal Public Defender, OFFICE OF THE FEDERAL PUBLIC DEFENDER, Alexandria, Virginia, for Appellant. Raj Parekh , Acting United States Attorney, Alexandria, Virginia, Heather Hart Mansfield , Assistant United States Attorney, OFFICE OF THE UNITED STATES ATTORNEY, Richmond, Virginia, for Appellee.

Reversed, vacated, and remanded by published opinion. Judge Heytens wrote the opinion, in which Chief Judge Gregory joined. Judge Richardson wrote a dissenting opinion.


The Fourth Amendment forbids "unreasonable searches and seizures." A search is constitutionally reasonable if it is justified to protect police officers from threats posed by those who "may be armed and presently dangerous." Terry v. Ohio, 392 U.S. 1, 30, 88 S.Ct. 1868, 20 L.Ed...

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