United States Fourth Circuit

Grant of a motion to supress evidence in a prosecution for being a felon in possession of firearms is reversed since 21 U.S.C. section 879 provided specific authorization under circumstances where there was a nighttime execution of a search warrant involving controlled substances.

Appellate Information

• Decided 01/09/2006
• Published 01/09/2006

Judges

• Before NIEMEYER, Circuit Judge, HAMILTON, Senior Circuit Judge, and ROBERT J. CONRAD, JR., United States District Judge for the Western District of North Carolina, sitting by designation.

Court

• United States Fourth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Philip S. Jackson, Assistant United States Attorney, Office of the United States Attorney, Baltimore, Maryland, for Appellant.   Joanna Beth Silver, Assistant Federal Public Defender, Office of the Federal Public Defender, Baltimore, Maryland, for Appellee.   ON BRIEF:  Allen F. Loucks, United States Attorney, Baltimore, Maryland, for Appellant.  James Wyda, Federal Public Defender, Martin G. Bahl, Staff Attorney, Baltimore, Maryland, for Appellee.