United States v. Fisher

OPINION OF THE COURT

HARDIMAN, Circuit Judge.

This case presents the question we left open in our en banc decision in United States v. Grier, 475 F.3d 556 (3d Cir.2007) (Grier II): does United States v. Kikumura, 918 F.2d 1084 (3d Cir.1990), remain good law in light of the Supreme Court’s landmark decision in United States v. Booker, 543 U.S. 220, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005)? We hold that it does not.

I

On the evening of January 15, 2005, Detectives Jeffrey Silvers and Andrea Jan-vier were patrolling Wilmington, Delaware in a marked police car when a visibly shaken pedestrian approached…