United States v. Askew

GRIFFITH, Circuit Judge, with whom Circuit Judges ROGERS and TATEL join except as to footnote 2,

concurring:

I agree that police officers violated Paul Askew’s Fourth Amendment rights and so join the majority opinion in almost every respect. Given the importance of this appeal, I write separately to clarify my rationale for rejecting the government’s principal argument before the en banc court. Hayes v. Florida noted in dicta that a brief detention for the purpose of fingerprinting a suspect is not necessarily an unconstitutional seizure. 470 U.S. 811, 816-17, 105 S.Ct. 1643, 84 L.Ed.2d 705…