Legal Opinion

United States v. Smith

Court of Appeals for the D.C. Circuit

Decided January 30, 2019No. Criminal Action No. 18-193 (RDM)PublishedCited by 10 opinions

1Opinion of the Court

RANDOLPH D. MOSS, United States District Judge

Defendant Clifton Smith's motion to suppress physical evidence raises an unsettled issue of Fourth Amendment law: Whether the smell of phencyclidine ("PCP"), alone, justifies the use of handcuffs during a Terry stop. Dkt. 8. The relevant events in this case occurred on March 30, 2018, at approximately 5:24 p.m., when two Metropolitan Police Department ("MPD") officers were patrolling the 1000 block of 14th Street, S.E. The officers observed Defendant standing next to the open driver's-side door of a parked car with tinted windows. At the time, no…

2Cases cited44 opinions

  1. Terry v. OhioSupreme Court of the United States · 1968
  2. Graham v. ConnorSupreme Court of the United States · 1989
  3. Illinois v. GatesSupreme Court of the United States · 1983
  4. Wong Sun v. United StatesSupreme Court of the United States · 1963
  5. Florida v. RoyerSupreme Court of the United States · 1983

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3Cited by10 opinions

  1. Fishman v. District of ColumbiaDistrict Court, District of Columbia · 2025
  2. Katz v. District of ColumbiaDistrict of Columbia Court of Appeals · 2022
  3. Marsh v. District of Columbia Metropolitan Police DepartmentDistrict Court, District of Columbia · 2026
  4. United States v. BassDistrict Court, District of Columbia · 2020
  5. United States v. DevaughDistrict Court, District of Columbia · 2019

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