UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT ____________

No. 22-3162 ____________

ABDOULAI BAH Appellant

v.

UNITED STATES OF AMERICA ____________ On Appeal from the United States District Court for the Eastern District of Pennsylvania (D.C. No. 2-21-cv-02993) District Judge: Honorable John M. Younge ____________

Argued: September 12, 2023

Before: JORDAN, BIBAS, and PORTER, Circuit Judges.

(Filed: January 18, 2024) ____________ Judson D. Brown Gabrielle Durling [ARGUED] Karl Gunderson Kirkland & Ellis 655 Fifteenth Street NW Washington, DC 20005 Counsel for Appellant Landon Y. Jones, III [ARGUED] Office of the United States Attorney 615 Chestnut Street Suite 1250 Philadelphia, PA 19106 Counsel for Appellee ______________

OPINION OF THE COURT ______________ PORTER, Circuit Judge.

Abdoulai Bah, a US citizen originally from Sierra Leone, was stopped by police, who discovered that he was