JERRY E. SMITH, Circuit Judge, with whom POLITZ, Chief Judge, GOLDBERG, DUHÉ and WIENER, Circuit Judges, join, dissenting: The en banc majority takes limited but significant liberties with both the facts and the law. More importantly, the court today comes dangerously close to declaring that persons in “bad parts of town” enjoy second-class status in regard to the Fourth Amendment. Accordingly, I respectfull…
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