United States Fourth Circuit

Grant of a motion to suppress evidence seized after the detention and search of the defendant in a grocery store parking lot is reversed and remanded where the searching officer possessed a reasonable, articulable suspicion that defendant was engaged in serious criminality when the officer stopped and frisked him.

Appellate Information

• Decided 01/25/2008
• Published 01/25/2008

Judges

• Before WILLIAMS, Chief Judge, GREGORY, Circuit Judge, and SAMUEL G. WILSON, United States District Judge for the Western District of Virginia, sitting by designation.

Court

• United States Fourth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Jonathan Leo Fahey, Assistant United States Attorney, Office of the United States Attorney, Alexandria, Virginia, for Appellant.   Todd M. Richman, Assistant Federal Public Defender, Office of the Federal Public Defender, Alexandria, Virginia, for Appellee.  Chuck Rosenberg, United States Attorney, Paul Ahern, Special Assistant United States Attorney, Office of the United States Attorney, Alexandria, Virginia, for Appellant.  Michael S. Nachmanoff, Acting Federal Public Defender, Alexandria, Virginia, for Appellee.