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U.S. v. MASSENBURG

No. 10-4209.

654 F.3d 480 (2011)

UNITED STATES of America, Plaintiff-Appellee, v. Tyerail D. MASSENBURG, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: August 15, 2011.

Attorney(s) appearing for the Case

ARGUED: Caroline Swift Platt , Office of the Federal Public Defender, Alexandria, Virginia, for Appellant. Michael Arlen Jagels , Office of the United States Attorney, Richmond, Virginia, for Appellee. ON BRIEF: Michael S. Nachmanoff , Federal Public Defender, Alexandria, Virginia, Carolyn V. Grady , Assistant Federal Public Defender, Office of the Federal Public Defender, Richmond, Virginia, for Appellant. Neil H. MacBride , United States Attorney, Alexandria, Virginia, for Appellee.

Vacated, reversed, and remanded by published opinion. Judge DAVIS wrote the opinion, in which Judge MOTZ and Judge KEENAN joined.

OPINION

DAVIS, Circuit Judge:

In this appeal from a judgment of sentence, we are once again called on to determine whether evidence seized during a street encounter between law enforcement and citizens was properly admitted into evidence during a subsequent criminal prosecution. We conclude that the seizure of the evidence did not comport with settled Fourth Amendment principles, and we therefore reverse the district court's denial of appellant's motion...

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