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Criminal Law

Scope of search warrant was proper, supported by common sense (access required)

After officers observed a still-smoldering marijuana cigarette lying in an open trash can in the kitchen, a fair probability existed that further evidence of the defendant’s crime would be uncovered elsewhere in the house, thus supporting a warrant to search ...

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Evidence incorrectly suppressed in child pornography case (access required)

The trial court erred by concluding that although the police lawfully acquired appellant’s portable hard drive, known to contain child pornography images, keeping the hard drive became an unreasonable seizure because the police waited more than a month before getting ...

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Protective order service return statements not testimonial (access required)

Where appellant was convicted of attempting to obtain a firearm while subject to a protective order, he had no right to confront and cross-examine the deputy who completed the certificate of service reflecting that appellant was personally served with an ...

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Failure to address argument for sentencing variance was in error (access required)

Although the defendant’s legal objection to the criminal history calculation was addressed by the sentencing judge, it was error to not address the defendant’s equitable argument for a variance from the sentence for illegal reentry. Background Apolonio Torres-Reyes pleaded guilty ...

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Defendant fails to upset sentence for firearm possession (access required)

The defendant’s argument that one use of a firearm in the simultaneous commission of two predicate drug-trafficking offenses will not support separate § 924(c) convictions and sentences is foreclosed by Fourth Circuit precedent. And he was not entitled to relief ...

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