United States Fourth Circuit

Denial of defendants' motions to suppress evidence obtained from a search of one of defendant's apartment is affirmed as the other defendant had no legitimate expectation of privacy in the apartment and cannot claim the protections of the Fourth Amendment. As the testimony of three witnesses was given volutarily, its causal connection to the alleged violation of one of defendant's Fourth Amendment rights is too attenuated to be considered the fruit of an unlawful search.

Appellate Information

• Decided 07/02/2007
• Published 07/02/2007

Judges

• Before WILLIAMS, Chief Judge, and WILKINSON and MICHAEL, Circuit Judges.

Court

• United States Fourth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Jonathan David Byrne, Office of the Federal Public Defender, Charleston, West Virginia;  Mark Lawrence French, Criswell & French, P.L.L.C., Charleston, West Virginia, for Appellants.  Richard Gregory McVey, Office of the United States Attorney, Huntington, West Virginia, for Appellee.   ON BRIEF:  Mary Lou Newberger, Federal Public Defender, George H. Lancaster, Jr., Assistant Federal Public Defender, Office of the Federal Public Defender, Charleston, West Virginia, for Appellant Joshua Brent Gray. Charles T. Miller, Acting United States Attorney, Huntington, West Virginia, for Appellee.