Case Summaries: Fourth Circuit Court of Appeals (May 2021)

This post summarizes published criminal law decisions released by the Fourth Circuit Court of Appeals in May 2021 that may be of interest to state practitioners. Gant limitations on search incident to arrest exception apply outside of the vehicle context; searches of backpack and vehicle after defendant was secured were improper U.S. v. Davis, 997 F.3d 191 (May 7, 2021). Officer Derek Richardson with the Holly Springs Police Department stopped a car driven by Howard Davis for a window tinting violation. While Davis was on the side of the road, two other officers arrived in a separate patrol car, with the lights activated. While the three officers conferred behind his car, Davis put his hand outside of his window and made a pointing gesture indicating he was leaving.  He drove off, leaving his driver’s license and insurance card with Richardson. The officers chased Davis’s car through a residential neighborhood. Davis drove into someone’s backyard, got out of his vehicle carrying a backpack, ran on foot into a swamp, and got stuck in knee-high water. Richardson, who was pursuing Davis on foot at this point, drew his gun and ordered Davis to come out of the swamp. Davis returned to dry land, dropped his backpack, and lay down on his stomach. Richardson patted Davis down and discovered a large amount of cash. He then handcuffed Davis’s hands behind his back and arrested him for traffic offenses, including speeding to elude. Richardson then unzipped the backpack and found cash and cocaine inside. Officers [...]