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U.S. v. JENKINS

No. 92-5640.

986 F.2d 76 (1993)

UNITED STATES of America, Plaintiff-Appellant, v. Norman D. JENKINS, Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided February 16, 1993.

Attorney(s) appearing for the Case

Geoffrey Robert Garinther, Asst. U.S. Atty., Baltimore, MD, argued (Richard D. Bennett, U.S. Atty., on brief), for plaintiff-appellant.

Denise Benvenga, Asst. Federal Public Defender, Federal Public Defender's Office, Baltimore, MD, argued (Anthony R. Gallagher, Acting Federal Public Defender, on brief), for defendant-appellee.

Before RUSSELL and WILKINSON, Circuit Judges, and MORGAN, United States District Judge for the Eastern District of Virginia, sitting by designation.

OPINION

WILKINSON, Circuit Judge:

This case requires us to determine whether particularized suspicion was necessary to search appellee on a closed military base. Concluding that it was not, we reverse the district court's order suppressing the evidence obtained from the search.

I.

Andrews Air Force Base is a closed military base, to which civilian access is strictly limited. A chain-link fence topped with barbed wire encircles the base...

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