U.S. v. CURRY

No. 18-4233.

965 F.3d 313 (2020)

UNITED STATES of America, Plaintiff-Appellant, v. Billy CURRY, Jr., Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided: July 15, 2020.

Amended: July 15, 2020.

Amended: July 16, 2020.


Attorney(s) appearing for the Case

ARGUED: Richard Daniel Cooke , OFFICE OF THE UNITED STATES ATTORNEY, Richmond, Virginia, for Appellant. Caroline Swift Platt , OFFICE OF THE FEDERAL PUBLIC DEFENDER, Alexandria, Virginia, for Appellee. ON BRIEF: G. Zachary Terwilliger , United States Attorney, Alexandria, Virginia, Holli R. Wood , Special Assistant United States Attorney, Michael A. Jagels , Special Assistant United States Attorney, OFFICE OF THE UNITED STATES ATTORNEY, Richmond, Virginia, for Appellant. Geremy C. Kamens , Federal Public Defender, Alexandria, Virginia; Paul G. Gill , Assistant Federal Public Defender, Laura J. Koenig , Assistant Federal Public Defender, OFFICE OF THE FEDERAL PUBLIC DEFENDER, Richmond, Virginia, for Appellee.

Affirmed by published opinion. Judge Floyd wrote the majority opinion, in which Chief Judge Gregory, Judge Motz, Judge King, Judge Keenan, Judge Wynn, Judge Diaz, Judge Thacker, and Judge Harris joined. Chief Judge Gregory wrote a concurring opinion. Judge Wynn wrote a concurring opinion. Judge Diaz wrote a concurring opinion, in which Judge Harris joined. Judge Thacker wrote a concurring opinion, in which Judge Keenan joined. Judge Wilkinson wrote a dissenting opinion. Judge Richardson wrote a dissenting opinion, in which Judge Wilkinson, Judge Niemeyer, Judge Agee, Judge Quattlebaum, and Judge Rushing joined.


ON REHEARING EN BANC

This appeal presents the question of whether the Fourth Amendment's exigent circumstances doctrine justified the suspicionless seizure of Defendant-Appellee Billy Curry, Jr. The police seized Curry after responding to several gunshots that were fired in or near an apartment...

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