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: Fourth Circuit Blog

Stop of Man Walking Away from Bar Fight Doesn?t Violate Fourth Amendment

By Jonathan Byrne

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US v. Mitchell: Police received a 911 call late one night about a large fight that was happening in a bar?s parking lot just after closing time. There was a report of at least one injury, along with a report that someone in the bar had a gun. When police arrived one of the officers was told by a bystander that a black man wearing red pants had a gun and was walking down the street away from the bar. That description went out over the radio and another officer stopped Mitchell, who met the description, and patted him down, finding a gun. After being charged with being a felon in possession of a firearm, Mitchell unsuccessfully moved to suppress the gun. He entered a conditional guilty plea and was sentenced to 30 months in prison.A divided Fourth Circuit affirmed the district court?s denial of the motion to suppress...continue to full post

Full post as published by Fourth Circuit Blog on July 01, 2020 (boomark / email).