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SMITH v. TRAVELPIECE

No. 20-1418.

31 F.4th 878 (2022)

Fernando M. SMITH; Jamie Crabtree; Pristine Pre-Owned Autos, Inc., a West Virginia corporation Plaintiffs-Appellants, v. Michael Lee TRAVELPIECE, sued in his individual capacity as a West Virginia State Police Officer Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided: April 20, 2022.

Attorney(s) appearing for the Case

ARGUED: Lonnie Carl Simmons , DITRAPANO BARRETT & DIPIERO, Charleston, West Virginia, for Appellants. Michael Deering Mullins , STEPTOE & JOHNSON PLLC, Charleston, West Virginia, for Appellee. ON BRIEF: Katherine M. Smith , STEPTOE & JOHNSON PLLC, Martinsburg, West Virginia, for Appellee.

Affirmed by published opinion. Judge Richardson wrote the opinion in which Judge King and Judge Thacker joined.

Fernando M. Smith, Jamie Crabtree, and Pristine Pre-Owned Autos were the subjects of an unconstitutional search. Relying on the fruits of that search, prosecutors obtained grand jury indictments against Smith and Crabtree. After a court suppressed the evidence and dismissed the criminal charges against them, they sued...

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