United States v. Shaquille Robinson

Affirmed by published opinion. Judge NIEMEYER wrote the majority opinion, in which Judge WILKINSON, Judge TRAXLER, Judge KING, Judge SHEDD, Judge DUNCAN, Judge AGEE, Judge KEENAN, Judge DIAZ, Judge FLOYD, and Judge THACKER joined. Judge WYNN wrote a separate opinion concurring in the judgment. Judge HARRIS wrote a dissenting opinion, in which Chief Judge GREGORY, Judge MOTZ, and Senior Judge DAVTS joined.

ON REHEARING EN BANC

NIEMEYER, Circuit Judge:

This appeal presents the question of whether a law enforcement officer is justified, in frisking a person whom the officer has lawfully stopped and…