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U.S. v. DAY

No. 08-5231.

591 F.3d 679 (2010)

UNITED STATES of America, Plaintiff-Appellant, v. Mario Terrell DAY, Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided: January 8, 2010.

Attorney(s) appearing for the Case

ARGUED: Richard Daniel Cooke, Office of the United States Attorney, Richmond, Virginia, for Appellant. Mary Elizabeth Maguire, Office of the Federal Public Defender, Richmond, Virginia, for Appellee. ON BRIEF: Dana J. Boente, Acting United States Attorney, Alexandria, Virginia, Michael C. Moore, Assistant United States Attorney, Office of the United States Attorney, Richmond, Virginia, for Appellant. Michael S. Nachmanoff, Federal Public Defender, Alexandria, Virginia, for Appellee.

Reversed and remanded by published opinion. Judge KING wrote the opinion, in which Judge SHEDD joined. Judge DAVIS wrote a separate opinion dissenting in part and concurring in the judgment in part.

OPINION

KING, Circuit Judge:

The Government pursues this interlocutory appeal from the district court's decision of December 1, 2008, suppressing evidence obtained from defendant Mario Day by private security guards. See United States v. Day, 590 F.Supp.2d 796 (E.D.Va. 2008). The court's decision was premised on its determination that the security guards acted as Government agents and contravened Day's constitutional...

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