The Fourth Circuit Court of Appeals reversed and vacated the district court’s denial of a motion to suppress a firearm obtained during an improper Terry stop. The Fourth Circuit ruled that …
Clatterbuck v. City of Charlottesville, No. 12-1215
Decided: February 21, 2013
The issue in the case was whether a municipal ordinance, which prohibits individuals form soliciting immediate donations near two streets that run through the Downtown Mall in Charlottesville, Virginia, unconstitutionally restrict …
The Fourth Circuit Court of Appeals affirmed the district court’s decision to exclude evidence that was obtained during a warrantless search. The government argued that the exigent circumstances exception applied to …
After a jury trial, Holness was convicted of interstate domestic violence and attempted witness intimidation. On appeal, Holness alleged that the district court erred in denying his motion to suppress certain …
Center for Individual Freedom, Inc. v. Tennant, No. 11-1952 and 11-1993
Decided: January 18, 2013
Center for Individual Freedom (CFIF) and West Virginians for Life (WVFL), both organizations that engage in election-related speech, and a West Virginian resident, Zane Lawhorn, who wants to receive WVFL’s communications, …
Defendant Irvin Bumpers appealed the district court’s denial of his pre-trial motion to suppress the firearm that served as the basis of his conviction of being a felon in possession of …
D.L. v. Baltimore City Board of School Commissioners, No. 11-2041
Decided: January 16, 2013
In this case, the parents of an eighth grade student suffering from Attention Deficit Hyperactivity Disorder (“ADHD”) brought suit against the Baltimore City Board of School Commissioner (“BCBSC”) in federal district …
A jury found Harold Ford guilty of being a felon in possession of a firearm. Based on a post-trial change in law effected by United States v. Simmons, 649 F.3d 237 …
The Fourth Circuit Court of Appeals reversed the district court’s decision to deny a motion to suppress defendant’s statement. The Court held that defendant’s three-hour detention violated his Fourth Amendment Rights, …
The Fourth Circuit held that the felon-in-possession prohibition for felons in 18 U.S.C. § 922(g)(1) does not violate the Constitution, even for non-violent felons such as Pruess.
Lawing was convicted of possession of ammunition by a convicted felon in violation of 18 U.S.C. §§ 922(g)(1) and 924(a)(2). On appeal, Lawing argued that the district court committed reversible …
The Fourth Circuit Court of Appeals affirmed the district court’s dismissal of the plaintiff’s complaint based on a lack of standing. The plaintiffs are individuals and an organization called the Second …
Defendant Nicolas Carpio-Leon, an illegal alien “indicted for possessing firearms while being ‘illegally or unlawfully in the United States,’” appealed his guilty plea based on his contention that 18 U.S.C. § …
In this case, Defendant Daniel J. Brown appealed his conviction and sentence in the Western District of Virginia for a child pornography offense. Specifically, Brown argued that the district court erred …
The Fourth Circuit affirmed the district court’s denial of a motion to suppress evidence obtained from a dog sniff search of a vehicle. The court concluded reasonable suspicion of criminal activity …