    _____________

                            Argued on November 15, 2011

  BEFORE: FUENTES and CHAGARES, Circuit Judges, and RESTANI, International
                           Trade Judge

                          (Opinion Filed: December 6, 2011)


Thomas Bruno        (ARGUED)
Abramson & Denenberg, P.C.
1315 Walnut Street, 12th Floor
Philadelphia, PA 19107

 Honorable Jane A. Restani, International                                    I.

       Because we write primarily for the benefit of the parties, we set forth only the

facts and history that are relevant to our conclusion. On June 1, 1997, Christopher

Morris, an African American male, was stopped by two New Jersey State Troopers,

Glynn Moore and Marc Stephens, on the New Jersey Turnpike. The Troopers testified

that they stopped Morris because he was speeding. Moreover, because Morris‟ car had

tinted windows, the Troopers say that it was not until the car came to a stop that they

were able to observe that