Case Summaries: Fourth Circuit Court of Appeals (July 2020)

This post summarizes published criminal law and related decisions from the Fourth Circuit Court of Appeals decided in July, 2020. Fourth Amendment claims based on extension of first traffic stop and second traffic stop by U.S. Parks Police of on-duty Secret Service agent could proceed; denial of qualified immunity affirmed; argument that the case presented new context for Bivens claim was waived Hicks v. Farreyra, 965 F.3d 302 (July 14, 2020). The plaintiff, a U.S. Secret Security agent, was parked on the side of a Maryland interstate highway awaiting a motorcade which he was to lead. His government car had police-like emergency lights and a police antenna. A U.S. Parks Service police officer pulled behind the plaintiff. As the officer approached the plaintiff’s car, he noticed the plaintiff’s weapon and drew his own gun. The plaintiff explained that he was a federal agent and showed the officer his badge. The officer took the plaintiff’s badge and gun to verify his identity. The officer was apparently satisfied that the plaintiff was a federal agent but called other officers to the scene and did not release the plaintiff. The plaintiff missed the motorcade and ultimately was detained at least 40 minutes, even though the park officers had verified his identity within 25 minutes of the initial encounter. Immediately after being released from this stop, the plaintiff was again stopped by one of the same Parks officers, this time for his alleged use of a cell phone while driving (an act illegal in Maryland, [...]