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U.S. v. STEPHENS

No. 12-4625.

764 F.3d 327 (2014)

UNITED STATES of America, Plaintiff-Appellee, v. Henry STEPHENS, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: August 19, 2014.

Attorney(s) appearing for the Case

ARGUED: Christopher Ford Cowan , Law Office of Chris F. Cowan, Columbus, Ohio, for Appellant. Albert David Copperthite , Office of the United States Attorney, Baltimore, Maryland, for Appellee. ON BRIEF: Rod J. Rosenstein , United States Attorney, Office of the United States Attorney, Baltimore, Maryland, for Appellee.

Affirmed by published opinion. Judge SHEDD wrote the majority opinion, in which Senior Judge HAMILTON joined. Judge THACKER wrote a dissenting opinion.

SHEDD, Circuit Judge:

Convicted of illegal firearm possession, Henry Stephens contends that the district court erroneously denied his pretrial motion to suppress evidence. Caselaw decided after Stephens was indicted tends to establish that the search at issue is unreasonable under the Fourth Amendment, but we are not now concerned with the legality of the search. Rather, we must decide the separate issue of whether the district court correctly declined to apply the...

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