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UNITED STATES v. ROSE

No. 19-4755.

3 F.4th 722 (2021)

UNITED STATES of America, Plaintiff-Appellee, v. Faruq ROSE, a/k/a Faruq Uthman Rose, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: July 9, 2021.

Attorney(s) appearing for the Case

ARGUED: William David Auman , AUMAN LAW OFFICES, Asheville, North Carolina, for Appellant. Scott Andrew Lemmon , OFFICE OF THE UNITED STATES ATTORNEY, Raleigh, North Carolina, for Appellee. ON BRIEF: Robert J. Higdon, Jr. , United States Attorney, J. Bradford Knott , Assistant United States Attorney, OFFICE OF THE UNITED STATES ATTORNEY, Raleigh, North Carolina, for Appellee.

Affirmed by published opinion. Judge Keenan wrote the majority opinion, in which Judge Quattlebaum joined. Chief Judge Gregory wrote a dissenting opinion.

This appeal involves searches of two packages at a FedEx processing facility that were addressed to a deceased person. The defendant, Faruq Rose, the intended recipient of those packages, asserts a Fourth Amendment right entitling him to suppression of evidence of cocaine discovered during those searches.

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