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United States v. Hill

United States Court of Appeals, Fourth Circuit

February 23, 2017

UNITED STATES OF AMERICA, Plaintiff - Appellee,
v.
DARREN HILL, Defendant-Appellant. UNITED STATES OF AMERICA, Plaintiff - Appellee,
v.
LLOYD DODWELL, Defendant-Appellant.

          Argued: January 24, 2017

         Appeals from the United States District Court for the Western District of North Carolina, at Asheville. Martin K. Reidinger, District Judge. (1:12-cr-00093-MR-DLH-2; 1:12-cr-00093-MR-DLH-1)

         ARGUED:

          Paul Frederick Herzog, PAUL F. HERZOG, PA, Fayetteville, North Carolina; Randolph Marshall Lee, Charlotte, North Carolina, for Appellants.

          Anthony Joseph Enright, OFFICE OF THE UNITED STATES ATTORNEY, Charlotte, North Carolina, for Appellee.

         ON BRIEF:

          Jill Westmoreland Rose, United States Attorney, OFFICE OF THE UNITED STATES ATTORNEY, Charlotte, North Carolina, for Appellee.

          Before MOTZ, DUNCAN, and HARRIS, Circuit Judges.

          DUNCAN, CIRCUIT JUDGE:

         Defendants-Appellants Darren Hill ("Hill") and Lloyd Dodwell ("Dodwell") (collectively, "Defendants") appeal the district court's denial of their motions to suppress. For the reasons that follow, we affirm.

         I.

         A.

         This appeal arises out of a traffic stop executed by Henderson County, North Carolina Sheriff's Deputy David McMurray ("Deputy McMurray").[1] On May 2, 2012, Deputy McMurray was patrolling Interstate 26 in Henderson County when he observed two vehicles traveling without the appropriate distance between them. Deputy McMurray activated his blue lights and pulled over the second vehicle, a Chevrolet Equinox SUV ("SUV"), for following too closely.[2]

         Deputy McMurray approached the stopped SUV from the passenger's side. Dodwell was in the driver's seat and Hill was in the passenger's seat. After Deputy McMurray explained the stop, Dodwell admitted to following too closely. Deputy McMurray asked Dodwell to exit the SUV and accompany him to his patrol car so he could issue a warning ticket. Deputy McMurray also asked Hill for a form of identification, but Hill responded that he did not ...


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