United States Fourth Circuit

Order granting a motion to suppress defendant's statements, given to FBI agents while in state custody following an illegal arrest by Baltimore City police, is reversed as the arresting officer had probable cause to believe that defendant committed the Maryland misdemeanor offense of harassment in his presence and therefore statements given during defendant's subsequent custody were not the fruits of an arrest that violated the Fourth Amendment.

Appellate Information

• Argued 11/29/2006
• Decided 05/02/2007
• Published 05/02/2007

Judges

• Before WIDENER, NIEMEYER, and MOTZ, Circuit Judges.

Court

• United States Fourth Circuit

Counsel

• For Appellant:
  
• ARGUED:  Rod J. Rosenstein, United States Attorney, Baltimore, Maryland, for the United States.  Barry Coburn, Trout & Cacheris, P.L.L.C., Washington, D.C., for Gregory McNeill.   ON BRIEF:  Bonnie S. Greenberg, Assistant United States Attorney, Office of the United States Attorney, Baltimore, Maryland, for the United States.  Matthew J. Mueller, Law Clerk, Trout & Cacheris, P.L.L.C., Washington, D.C., for Gregory McNeill.