United States v. Robertson, No. 12-4486 (4th Cir. 2013)Annotate this Case
Defendant pled guilty to being a felon in possession of a firearm in violation of 18 U.S.C. 922(g)(1). On appeal, defendant challenged the district court's denial of his motion to suppress evidence. Surrounded by police officers, defendant watched as every individual in a bus shelter next to him was handled by the police. Soon thereafter, defendant was confronted by a police officer who immediately sought to verify whether defendant was carrying anything illegal before waving him forward. The court concluded, given these facts, that defendant merely obeyed the police officer's orders without giving valid consent to a search. Accordingly, the court reversed the judgment of the district court.