No. 22-4063.

81 F.4th 390 (2023)

UNITED STATES of America, Plaintiff-Appellee, v. Daniel Porter CRITCHFIELD, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: August 31, 2023.

Attorney(s) appearing for the Case

ARGUED: Linn Richard Walker , OFFICE OF THE FEDERAL PUBLIC DEFENDER, Clarksburg, West Virginia, for Appellant. Sarah Wagner , OFFICE OF THE UNITED STATES ATTORNEY, Clarksburg, West Virginia, for Appellee. ON BRIEF: William Ihlenfeld , United States Attorney, OFFICE OF THE UNITED STATES ATTORNEY, Wheeling, West Virginia, for Appellee.

Vacated and remanded by published opinion. Judge Rushing wrote the opinion, in which Judge Harris joined. Judge Richardson wrote a dissenting opinion.

Daniel Critchfield pled guilty to possessing a firearm as an unlawful drug user after the district court denied his motion to suppress the firearm and other evidence as the products of an unlawful seizure. Because the officers lacked reasonable suspicion of criminal activity when they first detained Critchfield, we vacate...

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