United States v. Everett Oshae Brown

Affirmed by published opinion. Chief Judge WILKINS wrote the majority opinion, in which Judge DUNCAN joined. Judge NIEMEYER wrote a dissenting opinion.

OPINION

WILLIAM W. WILKINS, Chief Judge:

Everett Oshae Brown was charged with possession of a firearm by a convicted felon, see 18 U.S.C.A. § 922(g)(1) (West 2000). The United States appeals a decision of the district court suppressing a firearm discovered in Brown’s back pocket as well as statements made by Brown following his arrest. Because the officers lacked sufficient justification under the Fourth Amendment to arrest and search Brown, we…