18 results for 'cat:"Evidence" AND cat:"Firearms" AND cat:"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
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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
[Consolidated.] J. Suttell finds that the trial court properly suppressed evidence obtained during a traffic stop even though the issue of racial bias was improperly interjected sua sponte because, ultimately, state police lacked reasonable suspicion of criminal activity to detain defendants beyond the investigation of a traffic infraction. Affirmed.
Court: Rhode Island Supreme Court, Judge: Suttell, Filed On: July 20, 2023, Case #: 21-164, Categories: evidence, firearms, search