United States Fourth Circuit

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