25 results for 'cat:"Evidence" AND cat:"Firearms" AND cat:"Search"'.
J. Wright finds the trial court properly convicted defendant for deadly conduct by discharge of a firearm. The victim and a witness reported that defendant had fired a weapon, and gave police a description of his vehicle. Though defendant says the communications he made with others, as contained on his cell phone, should have been suppressed because it was seized from his vehicle without a warrant, investigating officers had obtained a search warrant for defendant's residence, which includes any associated vehicles. The phone was properly seized, as it could have contained evidence of the offense. Affirmed.
Court: Texas Courts of Appeals, Judge: Wright , Filed On: August 28, 2024, Case #: 09-23-00053-CR, Categories: evidence, firearms, search
[Consolidated.] J. Richardson finds that the lower court properly denied defendants' attempts to suppress firearms discovered by police officers. Defendants argue the officers had no reason to search their persons for the guns. The officers approached defendants after watching an Instagram video they posted outside of their apartment complex showing off their weapons in a threatening manner. Brandishing firearms that way in Virginia is illegal, so the officers had reasonable suspicion to search. Affirmed.
Court: 4th Circuit, Judge: Richardson, Filed On: August 16, 2024, Case #: 22-4564, Categories: evidence, firearms, search
J. Sacks upholds the denial of the defendant’s motion to suppress evidence of a firearm. The frisk that a state trooper performed on defendant during a traffic stop, during which the firearm was found, was justified by “the defendant’s nervous behavior, his attempt to conceal a type of bag that the trooper knew from experience could be used to carry a firearm, and the trooper’s knowledge that the defendant had an open charge for assault and battery with a firearm.” Affirmed.
Court: Massachusetts Court Of Appeals, Judge: Sacks, Filed On: August 9, 2024, Case #: 23-P-548, Categories: evidence, firearms, search
J. Kirsch finds the district court properly convicted defendant for being a felon in possession of firearms. Defendant's friend informed local police that defendant was travelling out-of-state with firearms during a period of civil unrest. Though the friend said that people were shooting people and looting, the local police notified the FBI that defendant intended to shoot people and loot. The FBI submitted an exigent circumstances form to AT&T requesting real-time cell site location. Defendant was located and consented to searches of his vehicle and hotel room, each found to contain firearms and ammunition. Though defendant moved to suppress, law enforcement reasonably believed that probable cause and exigent circumstances existed. The court properly overruled defendant's motion, and an evidentiary hearing is inapplicable. Affirmed.
Court: 7th Circuit, Judge: Kirsch , Filed On: July 31, 2024, Case #: 23-1082, Categories: evidence, firearms, search
J. Ledet finds that the district court should not have granted defendant's motion to suppress firearm evidence. In this case, there was probable cause to search defendant's car because he was being investigated for criminal activity. The victim reported to officers that defendant retrieved a gun from his vehicle and pointed it at her and subsequently chased her through the neighborhood. Reversed.
Court: Louisiana Court Of Appeal, Judge: Ledet , Filed On: July 22, 2024, Case #: 2024-K-0352, Categories: evidence, firearms, search
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J. Brown finds the trial court properly convicted defendant for possession of a firearm by certain persons. Defendant was stopped for having no license plate on his vehicle and a search yielded the loaded 9mm handgun. Defendant had an active arrest warrant and resisted the officers helping him out of the car, providing probable cause for the search. The gun was found under the driver’s seat of the vehicle driven and owned by defendant, and he had immediate and exclusive access and control to and of the weapon. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Brown , Filed On: June 5, 2024, Case #: CR-23-714, Categories: evidence, firearms, search
J. Cadish finds the trial court properly convicted defendant, by no-contest plea, for being a felon in possession of a firearm. Defendant was pulled over for driving without a license plate light. It was discovered he had an active warrant and he was arrested. Defendant moved to suppress a weapon found during a warrantless search of his vehicle on the basis that the search was not an inventory search, but a ruse to conduct an investigatory search. The search was reasonable under the totality of the circumstances, and no error is found in the court's denial of the motion to suppress. Affirmed.
Court: Nevada Supreme Court, Judge: Cadish , Filed On: May 9, 2024, Case #: 85564, Categories: evidence, firearms, search
J. Pillard upholds the trial court's refusal to suppress evidence retrieved from defendant's cell phone during his trial on unlawfully trafficking and transporting firearms. The search warrant for the phone, which was found near a different suspect, relied on its association with that suspect and its evidentiary value, rather than ownership of the phone. Affirmed.
Court: DC Circuit, Judge: Pillard, Filed On: April 30, 2024, Case #: 22-3069 , Categories: evidence, firearms, search
J. Deahl finds it is unclear whether defendant, who was convicted of firearm possession, consented to a search of his pocket after he was stopped by officers because he matched the description of an armed robber in that location. Upon remand, the trial court must determine whether defendant "freely and voluntarily" consented to the search.
Court: DC Court of Appeals, Judge: Deahl, Filed On: April 18, 2024, Case #: 22-CF-0520 , Categories: evidence, firearms, search
J. Ruiz upholds the trial court's suppression of a firearm seized from defendant's backpack. The government failed to show defendant had abandoned the backpack when the officers retrieved it, without probable cause or a warrant, from a hidden spot within a home with which defendant had a connection. Affirmed.
Court: DC Court of Appeals, Judge: Ruiz, Filed On: April 18, 2024, Case #: 19-CO-1094 , Categories: evidence, firearms, search
J. Ginsburg upholds defendant's conviction for being a felon in possession of a firearm. Contrary to defendant's argument, the trial court was not required to suppress evidence, as the officers' protective pat-down search was justified. Affirmed.
Court: DC Circuit, Judge: Ginsburg, Filed On: April 16, 2024, Case #: 22-3024 , Categories: evidence, firearms, search
J. Montgomery finds the lower court properly denied defendant’s motion to suppress evidence collected during the search of a vehicle. Defendant pleaded guilty to unlawful possession of a weapon and theft of property, and received an effective 12-year sentence to confinement. During the course of a traffic stop, a stolen handgun was found under the driver’s seat of a vehicle the defendant was driving. Defendant argues officers did not have probable cause to search the vehicle, but the lower court determined that since one of the responding officers smelled marijuana coming from the vehicle, the odor established probable cause for the warrantless search. Affirmed.
Court: Tennessee Court of Criminal Appeals, Judge: Montgomery, Filed On: April 11, 2024, Case #: W2023-00713-CCA-R3-CD, Categories: evidence, firearms, search
J. Kobes finds a lower court properly convicted a defendant for being a felon in possession of a firearm. The defendant argued that the lower court erred in denying his motion to suppress evidence of a rifle located in his vehicle under a towel after his girlfriend gave a police officer permission to search his car. However, the government sufficiently showed in court that the defendant's girlfriend was authorized to give consent after realizing that the police were not after her, and that the interactions were "cordial and polite." Affirmed.
Court: 8th Circuit, Judge: Kobes, Filed On: April 1, 2024, Case #: 23-1505, Categories: evidence, firearms, search
J. Wiley finds that the trial court should have suppressed the gun police found in defendant's possession during an unlawful detention. A reasonable person would not have felt free to leave after police pulled their car so close to defendant's that he could only maybe squeeze out the door, and then shined their flashlights into the car from both sides. Reversed.
Court: California Courts Of Appeal, Judge: Wiley, Filed On: March 15, 2024, Case #: B328954, Categories: evidence, firearms, search
J. Joyce finds the trial court erred by failing to suppress evidence. “The officers’ reasonable suspicion of kidnapping had dissipated before the officers developed reasonable suspicion that defendant was a felon in possession of body armor.” Reversed.
Court: Oregon Court of Appeals, Judge: Joyce, Filed On: March 13, 2024, Case #: A177524, Categories: evidence, 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. 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
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. 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. 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. 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. Rickman finds the trial court erred by denying defendant's motion to suppress evidence of a shotgun found in his home by police while they were responding to a reported domestic disturbance, which led defendant to be convicted of firearm possession as a felon. The evidence does not show the officers were justified in re-entering defendant's home without a warrant after the disturbance had been de-escalated, the victims were safely removed from the house and defendant was gathering his belongings to leave, making the search which uncovered the shotgun illegal. Reversed.
Court: Georgia Court of Appeals, Judge: Rickman, Filed On: October 2, 2023, Case #: A23A1128, Categories: evidence, firearms, search
J. Carbullido finds that the trial court properly suppressed evidence from the arrest of defendant for firearm possession, as Guam did not present evidence that its police officers had obtained voluntary consent of defendant to search his vehicle during a traffic stop. The trial court's consideration of certain facts, including defendant's initial refusal to consent to the search, was not improper. Affirmed.
Court: Guam Supreme Court, Judge: Carbullido, Filed On: September 22, 2023, Case #: CRA22-7, Categories: evidence, firearms, search