Curtis Levar Wells, Jr. v. Javier Fuentes, et al.

This case concerns a federal law enforcement officer’s initial detention of a civilian with a post-hoc explanation of a “welfare check” or “community caretaker” detention, starting a baseless investigation that was continued by other officers. Ultimately, a parking-lot search and seizure resulted in property being taken under pretextual “safekeeping” without reasonable suspicion, consent, or warrant. Later, without reasonable suspicion, consent, warrant, or exigent circumstances, the property was further rummaged through to craft a known-false narrative that the property may contain contraband. Ultimately, a motion to suppress the evidence was granted due to Fourth Amendment violations, the subject charges were dismissed and later expunged. Mr. Wells’ claims under, inter alia, 42 U.S.C. § 1983 were dismissed under Fed. R. Civ. P. 12(b)(6), with disputes being resolved in the movant’s favor, and the Fourth Circuit has affirmed dismissal. The questions presented in this matter are:

1. In the absence of any objective indicia of consent, and when the Fourth Circuit considers a small subset of facts in violation of Robinette and Bostick, what words or conduct permit officers to infer, and for the Fourth Circuit to affirm, consent to searches and seizures that would otherwise violate the Fourth Amendment?

2. W hat const itut es u n rea sonable conduct , “pretextual rummaging,” and disobedience with