United States v. Smith
1:23-cr-00126
| D. Maryland | Jul 8, 2024Background
- Al Tariq Smith was found asleep in his car at a gas station with a loaded handgun in plain view; he had prior felony convictions.
- Smith was indicted federally for possession of ammunition by a prohibited person under 18 U.S.C. § 922(g)(1).
- Smith moved to dismiss the indictment on Second Amendment grounds after the Supreme Court’s decision in Bruen, arguing § 922(g)(1) is unconstitutional facially and as applied.
- Smith also moved to suppress physical evidence and statements obtained during his warrantless arrest, arguing lack of probable cause and improper custodial interrogation.
- The court considered submissions from both parties, held a hearing on the motions, and recently reviewed relevant new appellate and Supreme Court authority.
Issues
| Issue | Smith's Argument | Govt's Argument | Held |
|---|---|---|---|
| Constitutionality of § 922(g)(1) (Facial) | Post-Bruen, § 922(g)(1) facially violates Second Amendment | SCOTUS/4th Cir. precedent upholds its facial validity | § 922(g)(1) is facially constitutional |
| Constitutionality of § 922(g)(1) (As-Applied) | Smith’s felonies not covered by precedents upholding § 922(g)(1) | Smith’s priors (assault, burglary, CDS) show he's dangerous; tradition supports disarmament | Not unconstitutional as applied to Smith |
| Suppress Physical Evidence | Warrantless arrest lacked probable cause | Officers had probable cause seeing loaded gun in plain view | Probable cause existed; evidence not suppressed |
| Suppress Statements | Statements obtained without Miranda warnings in custody | No inculpatory statements to introduce at trial | Motion denied as no statements at issue |
Key Cases Cited
- District of Columbia v. Heller, 554 U.S. 570 (recognizes right of law-abiding citizens to possess handguns; permits felon-disarmament)
- McDonald v. City of Chicago, 561 U.S. 742 (incorporates Second Amendment against states, reaffirms Heller's carve-out)
- New York State Rifle & Pistol Ass'n, Inc. v. Bruen, 597 U.S. 1 (clarifies Second Amendment analysis but does not extend to felons)
- United States v. Canada, 103 F.4th 257 (4th Cir. 2024) (forecloses facial challenge to § 922(g)(1))
- Range v. Att’y Gen. United States of Am., 69 F.4th 96 (3d Cir. 2023) (as-applied success for nonviolent/non-dangerous felon)
- United States v. Moore, 666 F.3d 313 (4th Cir. 2012) (Second Amendment right limited to law-abiding citizens)
- Illinois v. Gates, 462 U.S. 213 (probable cause standard)
- Atwater v. City of Lago Vista, 532 U.S. 318 (probable cause suffices for arrest)
- Miranda v. Arizona, 384 U.S. 436 (Miranda warnings required for custodial interrogation)