Case Summaries: Fourth Circuit Court of Appeals (Nov. 2021)
This post summarizes published criminal and related decisions released by the Fourth Circuit Court of Appeals during November of 2021. Decisions that may be of interest to state practitioners are summarized monthly. Previous Fourth Circuit summaries are available here. Reasonable suspicion of trespassing, impaired driving, and illegal parking supported stop of defendant parked in high school parking lot during school hours, even without presence of crossbow in backseat; crossbow alternatively provided reasonable suspicion and any mistake of law as to the legality of the weapon on school property was reasonable U.S. v. Coleman, 18 F.4th 131 (Nov. 9, 2021). A school official in the Western District of Virginia noticed a man parked in the high school’s parking lot one morning as the school day began. The man appeared to be asleep in his car and had a crossbow in the backseat. The car was running, had its brakes on, and was parked partially in a lane of travel. The school resource officer responded. As the deputy pulled behind the defendant’s car, the defendant began to drive away. The deputy then stopped the car. He saw the crossbow upon making contact and asked the defendant about other weapons. The defendant acknowledged a gun in the car, and the deputy asked him out of the car. As the defendant exited, the deputy noticed apparent marijuana inside. The defendant appeared tired and submitted to field sobriety testing. The car was searched and a gun, baggies, a scale, and methamphetamine was discovered. The defendant was [...]
