United States v. Curry, No. 18-4233 (4th Cir. 2019)Annotate this Case
The Government appealed the district court's grant of defendant's motion to suppress a revolver found on his person. The district court reasoned that the initial stop and flashlight illumination of the men leaving the site of the shooting violated the Fourth Amendment, which rendered the later pat down illegal.
The Fourth Circuit reversed and held that the officers here reacted to a perilous active-shooter situation, arriving on scene within 35 seconds of hearing multiple gunshots in a densely populated area; these exigent circumstances implicated vital governmental interests—citizen and police safety—beyond the ordinary need for law enforcement; and the officers' initial response was tailored to address these needs with minimal intrusion and thus reasonable. The court remanded for the district court to consider whether the officers had reasonable suspicion to search defendant after he disregarded their orders.
The court issued a subsequent related opinion or order on November 19, 2019.
The court issued a subsequent related opinion or order on July 15, 2020.
The court issued a subsequent related opinion or order on July 16, 2020.