United States Fourth Circuit

In civil rights action alleging unlawful searches and seizures and unlawful continued retention of plaintiff's weapons, dismissal with prejudice of federal claims, and dismissal without prejudice of state claims, are affirmed over plaintiff's claims that: 1) police searches of his luggage, van, and apartment violated his Fourth Amendment rights; 2) the initial seizures of his guns, ammunition, firearms accessories, and survival literature violated his Fourth Amendment rights; and 3) the retention of his guns and ammunition violates his Fourteenth Amendment due process rights.

Appellate Information

• Argued 12/06/2007
• Decided 03/04/2008
• Published 03/05/2008

Judges

• Before WILKINSON and SHEDD, Circuit Judges, and JAMES P. JONES, Chief United States District Judge for the Western District of Virginia, sitting by designation.

Court

• United States Fourth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Howard J. Fezell, Frederick, Maryland, for Appellant.   Victoria Marie Shearer, Karpinski, Colaresi & Karp, P.A., Baltimore, Maryland;  Sharon Veronica Burrell, County Attorney's Office, Rockville, Maryland, for Appellees.   ON BRIEF:  Richard T. Colaresi, Karpinski, Colaresi & Karp, P.A., Baltimore, Maryland, for City of Gaithersburg Appellees;  Marc P. Hansen, Acting County Attorney, Patricia P. Via, Chief, Division of Litigation, County Attorney's Office, Rockville, Maryland, for Appellee Officer James Stadtler.