The police in Raleigh, NC pulled over a Crown Victoria and found a firearm in the console between the passenger and driver. The vehicle had broken some traffic laws, but the real reason that the policed pulled it over was because Officer Greenwood had relayed to the stopping officers information from a confidential informant about the presence of a man with a gun in the vehicle. The vehicle’s passenger first denied but later admitted that the gun was his. He stated that he had fired the gun earlier in the day to scare Chill Will, a man with whom he was having a dispute. At trial, the district court admitted Officer Greenwood’s testimony about what the confidential informant told him, not for the truth of the matter but for the purpose of explaining why the police acted as they did.
The Fourth Circuit affirmed the resulting conviction today in an unpublished opinion in United States v. Washington. Judge Wynn authored the opinion, in which Judge Keenan and Senior Judge Hamilton concurred. The panel rejected Confrontation Clause and Rule 403 challenges.