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Home / Courts / 4th Circuit / Criminal Practice – Search & Seizure – Traffic Stop – Before Warrant Execution (access required)

Criminal Practice – Search & Seizure – Traffic Stop – Before Warrant Execution (access required)

U.S. v. Montieth A police affidavit detailing police discovery of marijuana packaging and residue in a trash pull outside defendant’s residence supported issuance of a search warrant for defendant’s home, and the police effort to safeguard defendant’s wife and young children during execution of the search warrant, by first detaining defendant in a traffic stop and searching the home after defendant’s wife and young children left, did not violate the Fourth Amendment; the 4th Circuit upholds defendant’s conviction on a drug and firearm charge under 18 U.S.C. § 924(c)(1).

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