United States v. Dargan, Jr., No. 13-4171 (4th Cir. 2013)Annotate this Case
Defendant appealed his conviction of three counts arising from the armed robbery of a jewelry store. Defendant challenged the district court's denial of his motion to suppress evidence seized pursuant to a warrant during a search of his residence. Defendant also argued that the testimony about out-of-court statements made by a co-conspirator was erroneously admitted. In this instance, the officers were lawfully in the residence pursuant to a search warrant and they were justified in opening a retail bag on top of the dresser in defendant's bedroom to determine whether its contents matched any of the items they were authorized by the warrant to seize. Accordingly, the seizure of the Louis Vuitton belt receipt did not violate defendant's Fourth Amendment right. Further, the district court did not abuse its discretion under the Federal Rules in admitting the testimony at issue and the introduction of the out-of-court statements did not violate defendant's constitutional right to confront opposing witnesses where the statements were nontestimonial. Accordingly, the court affirmed the judgment of the district court.