CA4: Failure to raise search issue on first appeal waived it for appeal after remand

Defendant’s conviction was previously reversed and remanded. On this second appeal, defendant raises a search issue that wasn’t in the first appeal. That issue is barred by the “mandate rule” that it had to be appealed the first time or it’s waived. United States v. Hawkins, 2015 U.S. App. LEXIS 5079 (4th Cir. March 30, 2015).

When the “driver was told not to move and to keep his hands on the steering wheel.” … “A reasonable person, including a law-abiding person with no fear of discovery, would have felt compelled to stay in the parking place and speak with the officers until told he or she could leave. No reasonable person would believe he or she could end the encounter by driving away from two officers holding up their badges. The initial encounter between the agents and the individuals was not consensual, and thus reasonable suspicion was required to justify the stop.” On the totality of circumstances, the officers had reasonable suspicion to believe that defendants had arrived in Vermont from New York for a drug deal on that parking lot, which was notorious for them. United States v. Jenkins, 2015 U.S. Dist. LEXIS 39996 (D.Vt. March 30, 2015).*