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A criminal record is not enough, by itself, to frisk

Nov 21, 2011 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 [243] at 246-47 [(4th Cir. 2011)].” Powell.

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