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Tag Archives: 4th U.S. Circuit Court of Appeals

‘Automobile’ Exception, Not Gant, Covers Search (access required)

A defendant convicted of drug and firearms offenses based on evidence discovered during a traffic stop is not entitled to post-conviction relief on his claim that his lawyer was constitutionally ineffective in failing to challenge the constitutionality of the search ...

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No Due Process Claim from Contraband Cigarette Sting (access required)

The sale of untaxed cigarettes by government agents during a two-year investigation of trafficking in contraband cigarettes was not so “outrageous” and “shocking” as to violate defendant’s right to due process, and the 4th Circuit affirms his convictions under 18 ...

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Witness Residence Requirement for Petition is Struck (access required)

In this suit by the Libertarian Party of Virginia, the 4th Circuit says a Virginia statute that requires signatures on nominating petitions for the party’s presidential candidate to be witnessed by a Virginia resident, is unconstitutional. According to plaintiffs, the ...

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