United States v. Swazine Swindle

FEINBERG, Circuit Judge.

Swazine Swindle appeals from a judgment of conviction of the United States District Court for the Western District of New York (Skretny, J.) entered after pleading guilty to unlawfully possessing a controlled substance in violation of 21 U.S.C. § 844(a). 1 The appeal poses the ultimate question whether on this record the Fourth Amendment requires exclusion of evidence the police obtained as a result of unreasonably initiating a Terry stop. 2 The officers in this case, although lacking reasonable suspicion of Swindle’s criminal activity, ordered him to pull his car…