United States Fourth Circuit

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US v. Massenburg, 10–4209

Conviction and sentencing of defendant for possession of a firearm as a drug user, 18 U.S.C. section 922(g)(3), and possession of marijuana, 21 U.S.C. section 844, are vacated because: 1) the district court incorrectly denied defendant's motion to suppress where the arresting officer lacked reasonable suspicion to conduct a lawful nonconsensual frisk; and 2) the aggregation rule is rejected as, among other defects, contrary to Supreme Court’s Fourth Amendment jurisprudence.

Appellate Information

  • Argued 05/13/2011
  • Decided 08/15/2011
  • Published 08/15/2011

Judges

  • DAVIS

Court

  • United States Fourth Circuit

Counsel

  • For Appellant:
  • Caroline Swift Platt, Michael Arlen Jagels