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U.S. v. McCOY

No. 06-4850.

513 F.3d 405 (2008)

UNITED STATES of America, Plaintiff-Appellant, v. Stanaus McCOY, Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided: January 25, 2008.

Attorney(s) appearing for the Case

ARGUED: Jonathan Leo Fahey, Assistant United States Attorney, Office of the United States Attorney, Alexandria, Virginia, for Appellant. Todd M. Richman, Assistant Federal Public Defender, Office of the Federal Public Defender, Alexandria, Virginia, for Appellee. Chuck Rosenberg, United States Attorney, Paul Ahern, Special Assistant United States Attorney, Office of the United States Attorney, Alexandria, Virginia, for Appellant. Michael S. Nachmanoff, Acting Federal Public Defender, Alexandria, Virginia, for Appellee.

Before WILLIAMS, Chief Judge, GREGORY, Circuit Judge, and SAMUEL G. WILSON, United States District Judge for the Western District of Virginia, sitting by designation.

Reversed and remanded by published opinion. Chief Judge WILLIAMS wrote the majority opinion, in which Judge WILSON joined. Judge WILSON wrote a separate concurring opinion. Judge GREGORY wrote a separate dissenting opinion.

OPINION

WILLIAMS, Chief Judge:

The Government in this pending criminal case appeals the district court's order granting Stanaus McCoy's motion to suppress evidence obtained by Loudoun County

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