Fourth Circuit hits a double header for the Fourth Amendment
Highly-rated Virginia lawyer defending the Fourth of Amendment and the rest of the Bill of Rights in criminal court. Since 1991.
Yesterday, the Fourth Circuit reversed a drug conviction for no reasonable suspicion to seize the defendant in the first place. This week became the Fourth Circuit’s Fourth Amendment-protecting double header when the Fourth Circuit affirmed the suppression of everything found in a suspect’s car subsequent to his telling the police to stop the search, where police did not yet have probable cause to search the car. U.S. v. Patiuka, ___ F.3d ___ (Oct. 23, 2015).
The Fourth Circuit is not known as a particularly friendly forum for criminal defendants. May that reputation fade away with more Constitutional protections from the Fourth Circuit for criminal defendants.