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Tag Archives: Judge J. Harvie Wilkinson III

Pat Down Upheld for Gas-Station Watcher (access required)

Police who observed defendant at 4:40 a.m. near a gas station that had been robbed previously, in an area outside surveillance-camera range, apparently stalking the gas-station attendant, had reasonable suspicion to perform a stop-and-frisk and the 4th Circuit upholds the ...

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Traffic Stop Before Warrant Execution OK (access required)

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 ...

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Parents’ Petition Denied for ‘Alien Smuggling’ (access required)

A Guatemalan mother and father who entered the U.S. illegally engaged in “alien smuggling” when they followed a pattern of sending each of their four children several thousand dollars at a hotel in Mexico, for the children’s subsequent illegal arrival ...

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Unpaid Bodyguards with Guns Are ‘Employed’ (access required)

Defendant members of the Pagans Motorcycle Club who carried guns to protect their national vice president, a convicted felon, were in possession and “employed for” a convicted felon, even without tangible compensation, and the 4th Circuit says the district court ...

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No Claims under Carmack Amendment, No Indemnity (access required)

The 4th Circuit reverses a district court’s judgment ordering indemnity and contribution for a third-party broker against defendant carrier Daily Express Inc., after plaintiff Dominion Resource Services won damages from broker 5K Logistics Inc. for property that fell from the ...

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