United States Fourth Circuit

In a prosecution of defendant for being a drug user in possession of a firearm and possession of marijuana, grant of defendant's motion to suppress as to the marijuana and to all statements about the firearm and the marijuana is reversed and remanded as defendant has not met his burden of proving the existence of an agency relationship between the government and the private security guards whose conduct is under challenge.

Appellate Information

• Argued 10/28/2009
• Decided 01/08/2010
• Published 01/08/2010

Judges

• Before KING, SHEDD, and DAVIS, Circuit Judges.

Court

• United States Fourth Circuit

Counsel

• For Appellees:
  
• ARGUED:Richard Daniel Cooke, Office of the United States Attorney, Richmond, Virginia, for Appellant. Mary Elizabeth Maguire, Office of the Federal Public Defender, Richmond, Virginia, for Appellee. ON BRIEF:Dana J. Boente, Acting United States Attorney, Alexandria, Virginia, Michael C. Moore, Assistant United States Attorney, Office of the United States Attorney, Richmond, Virginia, for Appellant. Michael S. Nachmanoff, Federal Public Defender, Alexandria, Virginia, for Appellee.