88 results for 'cat:"Firearms" AND cat:"Search"'.
J. Pritzker finds that the lower court properly declined to suppress pills and a handgun discovered during a traffic stop in defendant's trial for drug and weapon possession. Officers possessed reasonable suspicion to ask defendant to empty his pockets because both the driver of the vehicle and defendant inconsistently answered police inquiries about their activities, and each of them had known connections to narcotics. Affirmed.
Court: New York Appellate Divisions, Judge: Pritzker, Filed On: February 29, 2024, Case #: 112813, Categories: Drug Offender, firearms, search
J. Thompson finds that the trial court properly denied defendant's motion to suppress drug evidence found during a search of his residence by a parole officer while he was living with a parolee. In this case, the parole officer had the authority to conduct a visit with her parolee and observed the marijuana candy when she entered the home. However, the officer did not have the authority to search the entire home without a warrant, including defendant's bedroom and other areas, and the officer did not testify to having observed the firearms in plain view. Therefore, defendant's motion to suppress gun evidence should have been granted. Affirmed in part.
Court: Louisiana Court Of Appeal, Judge: Thompson, Filed On: February 28, 2024, Case #: 55,427-KW, Categories: Drug Offender, firearms, search
J. Marcotte finds that defendant was properly convicted of attempted possession of a firearm by a convicted felon. In this case, a gun was found during a traffic stop with defendant as the only occupant in the car, and the gun was under the driver's seat and easily accessible. Further, the traffic stop for a broken taillight was valid, and defendant admitted to the officer that there was a gun in the car. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Marcotte, Filed On: February 28, 2024, Case #: 55,442-KA, Categories: Evidence, firearms, search
J. Kirsch finds that the lower court properly convicted defendant of being a felon in possession of a firearm after his car was searched because his friend was standing next to the sedan drinking from a red solo cup. His friend willingly told police that the drink contained alcohol, and officers legitimately searched the car after noticing an open bottle of alcohol in the back seat. The search was valid because the initial encounter with the officers was consensual, and defendant's incriminating statements were attenuated from the allegedly unlawful seizure. Affirmed.
Court: 7th Circuit, Judge: Kirsch, Filed On: February 26, 2024, Case #: 23-1001, Categories: firearms, search
J. Smith finds a lower court properly denied a defendant's motion to suppress evidence in court. The defendant, who was charged for being a prohibited person in possession of a firearm, argued that authorities searched his vehicle without probable cause. However, the government sufficiently showed in court that a police officer peered through the window of the defendant's vehicle, which smelled of marijuana, and saw the grip of a firearm protruding from the center console. Affirmed.
Court: 8th Circuit, Judge: Smith, Filed On: February 16, 2024, Case #: 23-1676, Categories: Evidence, firearms, search
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J. Moor holds that the trial court should have suppressed the gun police found in a parole search of defendant's car. Before police knew he was on parole, they had unlawfully detained him by positioning their bodies where he could not drive away or open the car doors to walk away. Also, they shined flashlights into the car in a demonstration of authority and required him to stop a phone conversation he was having while legally parked. Reversed.
Court: California Courts Of Appeal, Judge: Moor, Filed On: February 14, 2024, Case #: B320488, Categories: firearms, Parole, search
J. Hyman improperly convicted defendant of being an armed habitual criminal based on video surveillance evidence. The scant evidence shown in the videos does not establish probable cause to search defendant's car. This case is remanded to give defendant an opportunity to litigate a motion to suppress. Reversed.
Court: Illinois Appellate Court, Judge: Hyman, Filed On: February 9, 2024, Case #: 220830, Categories: Evidence, firearms, search
J. Beckwith reverses the lower court's refusal to suppress evidence of a gun during defendant's firearms-related trial. The police officers, who had pulled over a rideshare vehicle in which defendant had been a passenger, did not have grounds to suspect defendant was armed and dangerous to justify their frisk of his jacket, which was laying in the backseat. Reversed.
Court: DC Court of Appeals, Judge: Beckwith, Filed On: January 4, 2024, Case #: 18-CF-1128 , Categories: firearms, search
J. Chaney finds the lower court improperly denied defendant’s motion to suppress evidence. Defendant entered conditional guilty pleas to firearm possession by a convicted violent felon and two counts of possession of a controlled substance with intent to distribute. Case evidence was obtained by police through a warrantless search of defendant’s vehicle during a traffic stop that was excessive in length and scope. The search was unlawful, so the convictions must be vacated. Reversed.
Court: Virginia Court Of Appeals, Judge: Chaney, Filed On: December 28, 2023, Case #: 1478-22-2, Categories: Drug Offender, firearms, search
J. Jamison finds the trial court erroneously determined defendant abandoned his backpack when he handed it to his friend prior to a warrantless search of the bag. The pair's relationship clearly indicated defendant did not intend to forfeit the bag or its contents. Additionally, because the friend had exclusive possession of the backpack when the police officer conducted his search but had not been charged with any crimes, the search was unconstitutional and violated defendant's Fourth Amendment rights, which requires suppression of the evidence. Reversed.
Court: Ohio Court Of Appeals, Judge: Jamison, Filed On: December 21, 2023, Case #: 2023-Ohio-4673, Categories: Evidence, firearms, search
J. Murphy finds that the lower court improperly denied defendant's motion to suppress a firearm as evidence during his trial that resulted in a conviction for unlawful possession of a machine gun. An officer arrested defendant and impounded his truck, leading to a search of the truck that uncovered the gun. The officer, however, lacked the needed "reasonable, non-pretextual community-caretaking rationale" that would have supported the decision to impound the truck. Therefore, any evidence found in the truck should have been suppressed. Reversed.
Court: 10th Circuit, Judge: Murphy, Filed On: December 15, 2023, Case #: 23-6071, Categories: Evidence, firearms, search
J. Bea finds that the district court properly denied defendant's motion to suppress evidence in a case in which he entered a conditional plea to possessing a firearm as a felon. An informant and undercover officers conducted a controlled purchase of a firearm from defendant in a hotel room. Defendant claimed that the officers’ secret recording of the encounter "exceeded the scope of the 'implied license' he granted when he consented to the officers’ physical entry." No search violation had occurred. Affirmed.
Court: 9th Circuit, Judge: Bea, Filed On: December 12, 2023, Case #: 22-50170, Categories: firearms, search
J. Lobrano finds that the trial court should not have granted defendant's motion to suppress evidence of firearms. There was a warrant issued for the search of defendant's vehicle and residence for the seizure of "firearms" after defendant allegedly waived a gun at another driver during a road rage incident. In the affidavit, the victim described the gun used in the assault as being silver in color, and there was no evidence that the issuing magistrate was not neutral. Reversed.
Court: Louisiana Court Of Appeal, Judge: Lobrano , Filed On: December 8, 2023, Case #: 2023-K-0730, Categories: Evidence, firearms, search
J. Benton finds a lower court properly sentenced a defendant who pleaded guilty to possession of firearms by a prohibited person. The defendant, who attempted to "choke out" his girlfriend while holding his infant daughter, argued that a protective sweep of the residence conducted by police was invalid. However, under the Fourth Amendment, police officers may be entitled to conduct a quick "protective sweep" based on reasonable suspicion, and presented sufficient evidence in court that the defendant surrendered to authorities at the bottom of a staircase that leads to the basement. Affirmed.
Court: 8th Circuit, Judge: Benton, Filed On: December 8, 2023, Case #: 23-1298, Categories: Constitution, firearms, search
J. Belsome finds that the juvenile court properly adjudicated a juvenile delinquent for being a minor in possession of a handgun. The officer was justified in stopping the juvenile because he noticed the juvenile walking and holding his waistband, a bulge in his hoodie pocket, and that he was intently observing the police car. Therefore, there was reasonable suspicion to stop the juvenile. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Belsome, Filed On: December 7, 2023, Case #: 2023-CA-0629, Categories: firearms, Juvenile Law, search
J. Halligan finds that defendant was improperly convicted of possession of a weapon based on evidence discovered in a vehicle inventory search after defendant was arrested during a traffic stop because he was prejudiced by the introduction of defendant's prior run-ins with police over weapons possession. Defendant failed to preserve his challenge to the conviction entered under a New York law criminalizing unlicensed possession of a firearm outside his home or business because he failed to raise the issue in the trial or appellate courts. Reversed.
Court: New York Court Of Appeals, Judge: Halligan, Filed On: November 21, 2023, Case #: 62, Categories: firearms, search, Jury Instructions
J. Troutman finds that the appellate division properly upheld defendant's conviction for weapon possession after a loaded firearm was found in his vehicle when marijuana was observed therein at a traffic safety checkpoint. Defendant challenged being singled out, but officers were merely stopping every third car at the roadblock and the marijuana was plainly visible. Meanwhile, defendant failed to preserve his challenge to being convicted under the New York law criminalizing unlicensed possession of a firearm outside of a home or business since he failed to raise the issue in the trial or appellate courts. Affirmed.
Court: New York Court Of Appeals, Judge: Troutman, Filed On: November 21, 2023, Case #: 63, Categories: Criminal Procedure, firearms, search
J. Halligan finds that the appellate division properly held that an inventory search of an illegally parked vehicle slated to be towed had not been performed as pretext to uncover two handguns and money. Defendant contends police failed to consider alternatives to towing as outlined in department procedures, but no such valid option was available. Meanwhile, defendant failed to challenge being convicted under the New York law criminalizing unlicensed possession of a firearm outside of the home or business since he failed to raise the issue in the trial or appellate courts. Affirmed.
Court: New York Court Of Appeals, Judge: Halligan, Filed On: November 21, 2023, Case #: 67, Categories: Criminal Procedure, firearms, search
J. Cyrus finds that the lower court properly declined to suppress evidence of a stolen loaded handgun discovered in the console of defendant's car in his trial for unlawful possession of a firearm because the officer seized defendant only after detecting the odor of marijuana on defendant as he responded to a call reporting a suspicious parked vehicle. Affirmed.
Court: Iowa Supreme Court, Judge: Waterman, Filed On: November 17, 2023, Case #: 21-0828, Categories: firearms, search
J. St. Eve finds that the lower court properly denied defendant's motion to suppress medical staff's discovery of "something plastic" in his mouth while he was in the emergency room, prompting them to instruct him to spit it out for 20 minutes. When he finally did so, it was a device used to convert a firearm into a fully automatic weapon. Small interactions between hospital staff and the police officer posted outside defendant's hospital room do not transform the staff's actions into a warrantless government search. Affirmed.
Court: 7th Circuit, Judge: St. Eve, Filed On: November 16, 2023, Case #: 23-1108, Categories: firearms, search
J. Celebrezze finds the lower court erroneously granted defendant's motion to dismiss on the grounds of outrageous government conduct. Police officers' creation of a roadblock following his criminal conduct and attempt to flee does not rise to a level that would shock the conscience or constitute coercion on the part of law enforcement. Additionally, the trial court erroneously granted defendant's motion to suppress because it applied an improper legal test and required the state to prove the arresting officer had probable cause to initiate a traffic stop when the correct burden of proof was reasonable suspicion. Reversed.
Court: Ohio Court Of Appeals, Judge: Celebrezze, Filed On: November 16, 2023, Case #: 2023-Ohio-4126, Categories: firearms, search, Due Process
J. Bunn reverses the lower court's order denying defendant's motion to suppress a firearm seized at his T-shirt shop at his mother's home that became the centerpiece of his January 2022 conditional guilty plea to felony possession of a firearm by a prohibited person. The judge erred in denying the motion since the deputies who responded to the residence following a 911 call regarding a dispute between the man and a neighbor had no reason to suspect a firearm was in the house or that it would be a harm to them, and defendant's generalized "agitation" about their presence is not sufficient enough to support a warrantless search. Reversed.
Court: West Virginia Supreme Court Of Appeals, Judge: Bunn, Filed On: November 9, 2023, Case #: 22-211, Categories: firearms, search
J. Robie finds that the trial court should have suppressed the firearms found in defendant's mother's car after he consented to having it searched. Police said they would not tow the car if he gave consent, but it was a false promise of leniency as they towed it anyway. Defendant would not have voluntarily consented if not for the false promise, which is a form of coercion. Vacated.
Court: California Courts Of Appeal, Judge: Robie, Filed On: November 7, 2023, Case #: C098102, Categories: firearms, search
J. King finds that the lower court improperly granted the motion to suppress filed by defendant in this case over his unlawful possession of a firearm. The police had reasonable suspicion to pursue defendant when they saw a bulge in his waistband that could be a possible firearm. Reversed.
Court: Pennsylvania Superior Court, Judge: King, Filed On: November 7, 2023, Case #: J-A03035-23, Categories: Evidence, firearms, search
J. Brasher finds that the district court properly denied defendant's motion to suppress evidence found in his iCloud account that led to a charge of being a felon in possession of a firearm. The district court correctly found that although the warrant was invalid for lacking sufficient particularity, the good faith exception to the exclusionary rule applied. The warrant affidavit provided links between defendant's phone and the crime. The absence of probable cause in the affidavit was not so obvious that an officer could not reasonably rely on the warrant. Affirmed.
Court: 11th Circuit, Judge: Brasher, Filed On: October 27, 2023, Case #: 21-13092, Categories: firearms, search
J. Murray finds that the lower court properly sentenced defendant, who objects to all physical evidence found during a warrantless search conducted prior to his arrest, for carrying a firearm without a license and public drunkenness. Police searched defendant’s person, bag and vehicle prior to his arrest so that defendant could be quickly transported by ambulance to the hospital for treatment due to his heavy intoxication. Affirmed.
Court: Pennsylvania Superior Court, Judge: Murray, Filed On: October 24, 2023, Case #: J-S34036-23, Categories: Criminal Procedure, firearms, search
J. Singas finds that the appellate division properly held that police followed inventory search protocol in discovering a firearm in defendant's vehicle following a traffic stop. Defendant challenges the constitutionality of the protocol, but such was followed as outlined in the department's written patrol guide. Affirmed.
Court: New York Court Of Appeals, Judge: Singas, Filed On: October 24, 2023, Case #: 68, Categories: firearms, search
J. Aoyagi finds the trial court properly allowed evidence gathered after a records check during a traffic stop. “The evidence establishes a reasonable, circumstance-specific relationship between the warrants check…and the lawful purpose of the traffic stop.” Affirmed.
Court: Oregon Court of Appeals, Judge: Aoyagi, Filed On: October 18, 2023, Case #: A175546, Categories: firearms, search
J. Kennedy finds the police officer's testimony at trial regarding his unit's inventory search policy and bodycam footage of his search of defendant's vehicle was sufficient to render the warrantless search reasonable, and so the appeals court erroneously overturned the trial court's denial of defendant's motion to suppress. Although the law enforcement agency's inventory search policy was not submitted to the trial court, the officer's testimony about the policy, as well his two decades of experience, proved he did not violate defendant's Fourth Amendment rights when he conducted the search and requires reinstatement of defendant's convictions. Reversed.
Court: Ohio Supreme Court, Judge: Kennedy, Filed On: October 4, 2023, Case #: 2023-Ohio-3564, Categories: firearms, search
J. Thyer finds the trial court properly convicted defendant for marijuana and meth possession, and simultaneous possession of drugs and a firearm. After defendant was stopped for a non-functioning license plate light and brake lights, a driver’s license check returned that it was suspended, and defendant had a failure-to-appear warrant. A canine alerted to multiple areas after defendant gave consent to an external “sniff” of the vehicle. Regardless of whether the dog’s sniff at the open door was “facilitated” by the officers, the dog’s multiple alerts at other points on the vehicle had already given the officers probable cause to search the car. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Thyer, Filed On: October 4, 2023, Case #: CR-22-784, Categories: Drug Offender, firearms, search