United States Fourth Circuit

In a firearm possession prosecution, the denial of Defendant's motion to suppress the firearm is reversed where: 1) Defendant did not explicitly consent to the search of his car; and 2) leaving the driver's side door open and failing to object to a search were not sufficient to implicitly consent to the search.

Appellate Information

• Decided 04/29/2009
• Published 04/29/2009

Judges

• Before WILLIAMS, Chief Judge, and MOTZ and SHEDD, Circuit Judges.

Court

• United States Fourth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Ann Loraine Hester, Federal Defenders of Western North Carolina, Inc., Charlotte, North Carolina, for Appellant.  Adam Christopher Morris, Office of the United States Attorney, Charlotte, North Carolina, for Appellee.   ON BRIEF:  Claire J. Rauscher, Executive Director, Kevin A. Tate, Federal Defenders of Western North Carolina, Inc., Charlotte, North Carolina, for Appellant.  Gretchen C.F. Shappert, United States Attorney, Charlotte, North Carolina, for Appellee.