Case Summaries: Fourth Circuit Court of Appeals (Feb. 2025)

This post summarizes published criminal law and related cases released by the Fourth Circuit Court of Appeals during February 2025. Cases of potential interest to state practitioners are summarized monthly. Previous summaries of Fourth Circuit cases are available here. Misrepresentations and material omissions in search warrant application and government responses to motions to suppress rendered guilty plea involuntary U.S. v. Garrett, 128 F.4th 583 (Feb. 19, 2025). State law enforcement officials suspected that a man named “McDuffie” was dealing controlled substances. They surveilled his home and arranged a controlled purchase from the suspect through a confidential informant. The man law enforcement believed to be McDuffie left his residence and completed a sale of methamphetamine at a local fast-food restaurant. Following the controlled buy, law enforcement obtained a wiretap on the phone number which they believed belonged to McDuffie. Law enforcement next arranged for another controlled purchase using a different informant. This time, the man thought to be McDuffie was unable to personally deliver the drugs but arranged for his cousin to conduct the transaction. After the second buy, law enforcement obtained a wiretap on the cousin’s phone. The second informant also conducted an additional controlled purchase from the man thought to be McDuffie. Each of the three transactions were fully recorded by law enforcement and the informant. Within a few days of the third purchase, law enforcement conducted a traffic stop on a car with the man suspected of being McDuffie and his cousin inside. After smelling suspected marijuana during the [...]