Tuesday, March 23, 2004
Suppression of evidence by Judge Payne overturned by Fourth Circuit
In U.S. v. Mayo, on the government's appeal, the Fourth Circuit in an opinion by Judge Niemeyer, joined by Judges Shedd and Duncan, overruled the decision by Judge Payne of the E.D. Va. to grant the defendant's motion to suppress evidence obtained in what the district court ruled was an illegal stop and frisk by City of Richmond police officers. The frisk revealed a handgun, leading to the defendant's arrest for carrying a concealed weapon, and a search incident to the arrest led to the discovery of some crack cocaine and marijuana in the defendant's possession.