A criminal record is not enough, by itself, to frisk
Last week, the Fourth Circuit reversed a conviction, 2-1, finding the evidence-yielding patdown — based on little more than the suspect’s criminal record — violated Terry v. Ohio. What will happen en banc? U.S. v. Powell, ___ F.3d ___ (4th Cir., Nov. 14, 2011).
Powell proclaimed that in most instances, “‘[a] prior criminal record is not, standing alone, sufficient to create reasonable suspicion.’ [U.S. v.] Foster, 634 F.3d  at 246-47 [(4th Cir. 2011)].” Powell.