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U.S. v. SULLIVAN

No. 97-4017.

138 F.3d 126 (1998)

UNITED STATES of America, Plaintiff-Appellant, v. Robert H. SULLIVAN, Defendant-Appellee. Washington Legal Foundation; Jeff Sessions, United States Senator; John Kyl, United States Senator; John Ashcroft, United States Senator; Strom Thurmond, United States Senator, Amici Curiae.

United States Court of Appeals, Fourth Circuit.

Decided March 9, 1998.

Attorney(s) appearing for the Case

ARGUED: Patty Merkamp Stemler, Chief, Appellate Section, Criminal Division, United States Department of Justice, Washington, DC, for Appellant. David Benjamin Smith, English & Smith, Alexandria, VA, for Appellee. ON BRIEF: Helen F. Fahey, United States Attorney, Eastern District of Virginia, William G. Otis, Senior Litigation Counsel, Mark S. Determan, Special Assistant U.S. Attorney, Alexandria, VA, for Appellant.

Before NIEMEYER, Circuit Judge, WILSON, Chief United States District Judge for the Western District of Virginia, sitting by designation, and JONES, United States District Judge for the Western District of Virginia, sitting by designation.

Reversed and remanded by published opinion. Judge NIEMEYER wrote the opinion, in which Chief Judge WILSON and Judge JONES joined.

OPINION

NIEMEYER, Circuit Judge:

We are presented with the question of whether the defendant's confession, made following a routine traffic stop, and a gun subsequently seized from the defendant's automobile should be suppressed under both the Fourth and Fifth Amendments. The district court granted the defendant's motion...

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