United States Fourth Circuit

Defendant's conviction for being a felon in possession of a firearm is vacated and remanded, where: 1) the law enforcement officer's search of defendant's car was unreasonable within the meaning of the Fourth Amendment because the probable cause on which the search was based was tainted; and 2) defendant's incriminatory statements that gave rise to probable cause to search the car were elicited in response to the officer's manifestly false assertion that he had probable cause to search the car and his suggestion that, with or without defendant's consent, he would proceed with the search.

Appellate Information

• Decided 06/11/2014
• Published 06/11/2014

Judges

• PER CURIAM

Court

• United States Fourth Circuit

Counsel