Case Summaries: Fourth Circuit Court of Appeals (Feb. 2021)

This post summarizes published criminal law and related decisions released by the Fourth Circuit Court of Appeals in February, 2021, which may be of interest to state practitioners.  Previous summaries of Fourth Circuit cases are available on the SOG website here. Unanimous Fourth Circuit reverses grant of summary judgment in part, finding stop and identify statute unconstitutional as applied; seizure and arrest of plaintiff violated Fourth Amendment; officers were entitled to qualified immunity only on illegal arrest claim Wingate v. Fulford, 987 F.3d 299 (Feb. 4, 2021; amended Feb. 5, 2021). In this case from the Eastern District of Virginia, the plaintiff experienced engine trouble and pulled over to the side of the road around 1 or 2 a.m. The plaintiff formerly worked as a mechanic and had tools in his trunk which he used to attempt a repair. A deputy on patrol noticed the plaintiff’s car and approached. The plaintiff explained his circumstances and the deputy requested identification. The plaintiff demurred, asking if he had committed a crime and whether he was free to leave. The deputy indicated that he did not believe the plaintiff had committed a crime and was not being detained, but also stated that the plaintiff was not free to leave until he identified himself. The plaintiff was ultimately arrested pursuant to a Virginia statute criminalizing failure to identify oneself under circumstances where a reasonable person would believe that “public safety requires such identification” (citation omitted). The plaintiff resisted arrest and attempted to flee, incurring additional [...]