U.S. v. SEAY

No. 18-4383.

944 F.3d 220 (2019)

UNITED STATES of America, Plaintiff-Appellee, v. Darryl Marshall SEAY, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: December 4, 2019.

Amended: December 4, 2019.


Attorney(s) appearing for the Case

ARGUED: Caroline Swift Platt , OFFICE OF THE FEDERAL PUBLIC DEFENDER, Alexandria, Virginia, for Appellant. Daniel Taylor Young , OFFICE OF THE UNITED STATES ATTORNEY, Alexandria, Virginia, for Appellee. ON BRIEF: Geremy C. Kamens , Federal Public Defender, Andrew W. Grindrod , Assistant Federal Public Defender, OFFICE OF THE FEDERAL PUBLIC DEFENDER, Alexandria, Virginia, for Appellant. Conor Mulroe , Special Assistant United States Attorney, Alexander B. Gottfried , Special Assistant United States Attorney, UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C.; G. Zachary Terwilliger , United States Attorney, OFFICE OF THE UNITED STATES ATTORNEY, Alexandria, Virginia, for Appellee.

Affirmed by published opinion. Judge Rushing wrote the opinion, in which Judge Niemeyer and Judge Keenan joined.


Defendant Darryl Seay was convicted of possession of a firearm by a felon. On appeal, he asserts that the district court erred when it denied his motion to suppress the firearm as the fruit of an unconstitutional search because police inevitably would have discovered it. For the reasons that follow, we affirm.

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