Case Summaries: Fourth Circuit Court of Appeals (Feb. 2024)

This post summarizes published criminal law and related cases released by the Fourth Circuit Court of Appeals during February 2024. Cases of potential interest to state practitioners are summarized monthly. Previous summaries of Fourth Circuit cases are available here. Search and seizure of the defendant was supported by probable cause; extension of stop was supported by reasonable suspicion; girlfriend with possession of defendant’s cell phone could consent to its search; loss of body cam video was not bad-faith destruction of evidence; convictions for witness tampering and obstruction of evidence did not plainly violate double jeopardy; alleged conflict of interest did not support ineffective assistance of counsel claim  U.S. v. Perry, 92 F.4th 500 (Feb. 6, 2024). Local police officers were patrolling a high crime area late one December night in Norfolk, Virginia, when they noticed a car without a front license plate as required by state law and with only a paper temporary tag on its rear. As the officers turned around their vehicle to follow the car, it sped away and ran two stop signs. The officers quickly found the car in a nearby parking lot with the passenger door ajar. The defendant was in the passenger seat and his girlfriend was the driver. As officers approached, the woman exited the car. The officers then saw the defendant lean down in the passenger seat before hopping over the console to exit from the driver’s side as well. The pair were detained and separated for officers to investigate the license plate [...]