U.S. v. HUMPHRIES

No. 03-4567.

372 F.3d 653 (2004)

UNITED STATES of America, Plaintiff-Appellant, v. Deunte L. HUMPHRIES, Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided: June 17, 2004.


Attorney(s) appearing for the Case

ARGUED: Richard Daniel Cooke, Special Assistant United States Attorney, Alexandria, Virginia, for Appellant. Reuben Voll Greene, JOHNSON & WALKER, P.C., Richmond, Virginia, for Appellee. ON BRIEF: Paul J. McNulty, United States Attorney, Michael J. Elston, Assistant United States Attorney, Alexandria, Virginia, for Appellant.

Before NIEMEYER, WILLIAMS, and GREGORY, Circuit Judges.


Reversed and remanded by published opinion. Judge NIEMEYER wrote the opinion, in which Judge WILLIAMS joined. Judge GREGORY wrote an opinion concurring in the judgment.

OPINION

NIEMEYER, Circuit Judge:

Deunte Humphries was arrested without a warrant in a high crime area of Richmond, Virginia, after a Richmond police officer smelled the odor of marijuana emanating from Humphries' person and after Humphries walked away from the officer, disobeying...

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