The Fourth Circuit has – for the second time in the past few weeks – given meaning to the Fourth Amendment’s prohibition against unreasonable searches and seizures.
In United States v. Massenburg, Judge Andre Davis rejected a government claim that a police officer had reasonable articulable suspicion to search a citizen. This is fresh on the heels of the Fourth Circuit’s holding that wanting to avoid wrinkled shirts is not an indicicator of criminality.
In Massenburg, the police were in a neighborhood where shots had been fired. A group of four young African-American men were walking by two police officers. The officers asked if they could speak with the men. The men stopped and answered a few questions. One of the men, Mr. Massenburg, stood a few feet away from the others. A police officer asked one of the men for his identification. The man complied. A police officer asked if he could pat the men down. Three said that he could.