U.S. Fourth Circuit - The FindLaw 4th Circuit Court of Appeals Opinion Summaries Blog

January 2017 Archives

The Fourth Circuit ruled on Monday, in an en banc decision, that police are justified in frisking individuals with concealed firearms, regardless of whether that individual could have a concealed carry permit or not. The fact that someone may have a concealed carry permit does not make it unreasonable for an officer to search them, "for the officer's protection and the safety of everyone at the scene," the Fourth ruled.

The decision, U.S. v. Robinson, is in tension with a Sixth Circuit opinion from 2015 and could result in the Supreme Court taking up this developing circuit split.

The Supreme Court on Tuesday acted to stay an order that would have required North Carolina to redraw its state legislative districts by March 15th and hold special elections in the fall. That order, issued by a three-judge federal district court in November, came after the panel found that the state's legislative districts were unconstitutional racial gerrymanders.

But that's not the only North Carolina redistricting issue before the Court right now. Just a few weeks earlier, the Supreme Court heard oral arguments in a case challenging two federal districts that have been described by a district court as a "textbook example of racial gerrymandering."