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ARMSTRONG v. HUTCHESON

No. 22-1082.

80 F.4th 508 (2023)

Adam ARMSTRONG, Plaintiff-Appellant, v. Bryan HUTCHESON, Sheriff, Rockingham County, in his Personal Capacity; Daniel L. Conley, in His Personal Capacity; Bradley Smith, in His Personal Capacity, Defendants-Appellees, and Thomas James, in His Personal Capacity; Kristy Marie Roadcap, Defendants.

United States Court of Appeals, Fourth Circuit.

Decided: September 13, 2023.

Amended: September 13, 2023.

Attorney(s) appearing for the Case

ARGUED: Wyatt B. Durrette, Jr. , DURRETTE, ARKEMA, GERSON & GILL PC, Richmond, Virginia, for Appellant. Brittany E. Shipley , TIMBERLAKE SMITH, Staunton, Virginia, for Appellees. ON BRIEF: Christine A. Williams , DURRETTE, ARKEMA, GERSON & GILL PC, Richmond, Virginia, for Appellant. Rosalie Fessier , TIMBERLAKE SMITH, Staunton, Virginia, for Appellees.

Affirmed by published opinion. Judge Quattlebaum wrote the opinion, in which Judge King joined. Chief Judge Diaz wrote a dissenting opinion.

Sometimes important constitutional issues are found in surprising places. This case, in a sense, is about a marital squabble. But embedded within it is the Fourth Amendment question of whether police officers' reliance on an alleged co-tenant's consent to enter a home without a warrant was reasonable under the circumstances...

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