Case Summaries - Fourth Circuit Court of Appeals (June 2021)

This post summarizes published criminal and related decisions issued by the Fourth Circuit Court of Appeals in June 2021 that may be of interest to state practitioners. Question about the existence of contraband in the car during a traffic stop was not an improper extension or deviation from the mission of the stop U.S. v. Buzzard, 1 F.4th 198 (June 11, 2021). In this case from the Southern District of West Virginia, an officer stopped the defendants for a brake light violation around 1:30am. This occurred in a high crime area with a known drug house nearby. The officer recognized the passenger as a person he had dealt with before and knew him to be a felon with multiple prior drug arrests. He also knew the passenger had recently been released from prison. During the initial encounter, the passenger exhibited nervous behavior, interrupting the officer, refusing to make eye contact, and fidgeting in a way that led the officer to believe he may be inclined to flee. The driver could not produce a license or registration. Given the late hour and multiple occupants of the car, the officer called for backup before checking the men’s information. Before the backup officer arrived, the officer asked if there was anything illegal in the car. The driver admitted to having marijuana paraphernalia and turned a pipe over to the officer. The passenger leaned down and was seen “fiddling” with something under the seat. The backup officer arrived within 3 to 5 minutes of being [...]