United States v. Cloud, No. 20-4091 (4th Cir. 2021)Annotate this Case
The Fourth Circuit affirmed the district court's denial of defendant's motion to suppress a firearm. The court concluded that the Fourth Amendment was not implicated during defendant's encounter with police on April 7, because he never acquiesced (passively or otherwise) to a show of authority. Furthermore, even assuming that defendant acquiesced to a show of authority, there was a reasonable articulable suspicion to support the seizure in order to investigate who owned the firearm that the officer observed. In this case, the district court's reasonable suspicion determination rested on four factors: (1) the officer saw someone hide a firearm under defendant's seat; (2) defendant's claim of control over the Dodge; (3) defendant being the only adult associated with the Dodge; and (4) the time of day and location of the incident.