United States v. Portis, 011311 FED4, 09-4853

Docket Nº:09-4853
Opinion Judge:PER CURIAM
Party Name:UNITED STATES OF AMERICA, Plaintiff - Appellee, v. BRIAN PORTIS, Defendant-Appellant.
Attorney:Charles David Whaley, for Appellant. Richard Daniel Cooke, OFFICE OF THE UNITED STATES ATTORNEY, for Appellee. Jennifer M. Newman, for Appellant. Neil H. MacBride, United States Attorney, for Appellee.
Judge Panel:Before WILKINSON, SHEDD, and DUNCAN, Circuit Judges.
Case Date:January 13, 2011
Court:United States Courts of Appeals, Court of Appeals for the Fourth Circuit
 
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UNITED STATES OF AMERICA, Plaintiff - Appellee,

v.

BRIAN PORTIS, Defendant-Appellant.

No. 09-4853

United States Court of Appeals, Fourth Circuit

January 13, 2011

UNPUBLISHED

Argued: December 10, 2010

Appeal from the United States District Court for the Eastern District of Virginia, at Richmond. Richard L. Williams, Senior District Judge. (3:08-cr-00034-RLW-1)

ARGUED:

Charles David Whaley, for Appellant.

Richard Daniel Cooke, OFFICE OF THE UNITED STATES ATTORNEY, for Appellee.

ON BRIEF:

Jennifer M. Newman, for Appellant.

Neil H. MacBride, United States Attorney, for Appellee.

Before WILKINSON, SHEDD, and DUNCAN, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM

This appeal arises from a district court's denial of defendant Brian Portis's motion to suppress evidence recovered from his home. Although Portis consented to the warrantless search of his residence, he argues that his consent was tainted by officers' earlier sweep of the premises, which he claims violated his Fourth Amendment rights. For the reasons described below, we disagree and affirm.

I.

A. We briefly summarize the relevant facts. On June 6, 2007, Officer Edward Aeschlimann and his partner, Officer Corey Watson, pulled Portis over for running a stop sign near his Richmond, Virginia home. Portis was driving a brown pick-up truck with a ladder rig. When running his information, the officers learned that Portis's license had been suspended. Portis consented to a search of his vehicle, in which the officers found a loaded magazine. Portis explained that although he had no guns in his car or home, his mother had firearms that he sometimes used. He also mentioned that he was a former Army infantryman and an "expert marksman." J.A. 41. The traffic stop ended without incident.

One week later, on the evening of June 13, 2007, Officers Aeschlimann and Watson received a dispatch alerting them to a shooting in their area "involving an individual in a brown pick­up truck that had a ladder rig." Id. at 44. Officer Aeschlimann contacted Detective Bill Brairton, who had phoned in the dispatch, and learned that Detective Brairton was investigating a homicide, for which Portis was a person of interest.

Detective Brairton reported that...

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