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U.S. v. BURTON

No. 99-4465.

228 F.3d 524 (2000)

UNITED STATES of America, Plaintiff-Appellee, v. Kenneth BURTON, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: September 27, 2000.

Attorney(s) appearing for the Case

ARGUED: Leesa Washington, Assistant Federal Public Defender, Greenville, South Carolina, for Appellant. E. Jean Howard, Assistant United States Attorney, Greenville, South Carolina, for Appellee. ON BRIEF: J. Rene Josey, United States Attorney, Greenville, South Carolina, for Appellee.

Before NIEMEYER, TRAXLER, and KING, Circuit Judges.

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...

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