United States v. Larry G. Van Dyke

BUTZNER, Circuit Judge:

Larry G. Van Dyke appeals his conviction under 21 U.S.C. § 841 and 18 U.S.C. § 2 for possession of marijuana with intent to distribute. Van Dyke claims that evidence seized pursuant to his warrantless arrest should have been suppressed because probable cause for his arrest was obtained through violation of the fourth amendment. We reverse and remand for new trial.

I

Van Dyke was arrested outside a residence in rural Maryland. Built on waterfront property, the house sits in the middle of an extensive lawn which is bounded by water, trees, and a dirt road. This road leading…