Friday, December 31, 2004

Suppression orders reversed

In U.S. v. Perez, the Fourth Circuit in an opinion by Judge Traxler, joined by Chief Judge Wilkins and District Judge Titus, reversed the district court's ruling on a motion to suppress, concluding that the good faith exception to the requirement of a search warrant supported by probable cause applied.

In U.S. v. Dickey-Bey, the Fourth Circuit in an opinion by Judge Niemeyer, joined by Judge Luttig and Senior Judge Hamilton, reversed the district court's suppression order, concluding that there was probable cause to arrest the defendant where he showed up to take delivery of packages that contained cocaine and that the defendant's vehicle could be searched incident to his arrest.

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