United States v. Kenneth Burton

Vacated and remanded by published opinion. Judge NIEMEYER wrote the opinion, in which Judge TRAXLER joined. Judge KING wrote a dissenting opinion.

OPINION

NIEMEYER, Circuit Judge:

Kenneth Burton challenges the district court’s denial of his motion to suppress evidence of a handgun that was discovered when a police officer reached inside Burton’s coat during a “police-citizen encounter.” The officer justified his search because Burton refused to respond to the officer’s questions and to remove his hand from inside his coat, making the officer “uneasy.” We find that the officer’s search was not…