Fourth Circuit Vacates Drug Conviction Based on Non-Arrest Agreement

Kannapolis, N.C. police officer Jeremy Page catches drug dealer/informant selling crack but says he won't arrest drug dealer if he hands over any other drugs he has and does more to help the police. He agrees, hands over more drugs, and helps police find a fugitive. Officer then decides that's not enough, swears out arrest warrants, and more drugs are found during arrest. Is cop's non-arrest-for-cooperation deal enforceable? Fourth Circuit: Yes it is, but we remand to figure out the terms of the deal and appropriate remedy. Non-arrest agreements involve “the same constitutional due process concerns as a plea agreement” or a non-prosecution agreement, and are equally enforceable.