13 results for 'cat:"Drug Offender" AND cat:"Firearms" AND cat:"Search"'.
J. Corrigan finds that the trial court should have suppressed the methamphetamine and revolver police found in defendant's car as the products of an unlawful search. His presence in a high crime area at night, ducking out of sight, fiddling with his shoes and refusing to acknowledge police officers are factors that police are not required to ignore. But they were not acts of outright evasion and did not combine to support an articulable and reasonable suspicion that he was involved in illegal conduct. Reversed.
Court: California Supreme Court, Judge: Corrigan, Filed On: May 2, 2024, Case #: S267522, Categories: drug Offender, firearms, search
J. Thyer finds the trial court properly convicted defendant for trafficking fentanyl, theft, and other drug and firearms charges. Following a traffic stop, dashcam video shows defendant was acting nervously when asked about potential illegal items that might be in the vehicle. Sufficient evidence shows that though defendant was not seen in actual or constructive possession of drugs found in her daughter’s shorts, she admitted to constructive possession. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Thyer , Filed On: April 17, 2024, Case #: CR-23-562, Categories: drug Offender, firearms, search
J. Zachary finds that the trial court properly declined to suppress evidence discovered in defendant's vehicle based on a tip that a handgun had been observed in plain view of a Dodge Charger parked near various nightclubs because the fact that industrial hemp has been legalized did not diminish the significance of the contention that police detected the odor of marijuana while approaching the vehicle. Affirmed.
Court: North Carolina Court of Appeals, Judge: Zachary, Filed On: April 16, 2024, Case #: COA23-568, Categories: drug Offender, firearms, search
J. Stone finds that defendant was properly convicted of possession of marijuana, possession of a firearm by a convicted felon, and illegal carrying of weapons while in possession of a controlled dangerous substance. In this case, the police properly stopped defendant as he was walking into a gas station convenience store because the officers observed him with an assault rifle in his pant leg. Further, there were recent robberies in the area and a concern that defendant was committing a robbery. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Stone, Filed On: April 10, 2024, Case #: 55,581-KA, Categories: drug Offender, firearms, search
[Consolidated.] J. Nalbandian finds the trial court properly denied defendant's motion to suppress evidence of drugs and a loaded gun found during the search of his girlfriend's car. He failed to establish an expectation of privacy when he was detained in the passenger seat of her car. Defendant did not own and was not driving the vehicle at the time of his arrest, and actually told the officers several times he was not driving prior to the search, all of which prevented him from proving he had control over the vehicle. Affirmed.
Court: 6th Circuit, Judge: Nalbandian, Filed On: April 10, 2024, Case #: 22-1432, Categories: drug Offender, firearms, search
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J. Pipkin finds that the trial court properly denied defendant's motion for a new trial on his convictions for firearm offenses, theft by receiving stolen property, dog fighting and possession of marijuana with intent to distribute. Sufficient evidence was presented to support defendant's drug and theft convictions. The trial court correctly denied defendant's motion to suppress evidence discovered during a search of his home. A trash pull performed by law enforcement was not improper. The seizure of firearms, body armor and bullets during the search of defendant's home was authorized because those items were found while police were searching for drugs and items used in the sale of marijuana. Affirmed.
Court: Georgia Court of Appeals, Judge: Pipkin, Filed On: March 15, 2024, Case #: A23A1412, Categories: drug Offender, firearms, 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. 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. 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
J. Rickman finds that the trial court improperly denied defendant's motion to suppress evidence found during a search of his apartment which led to his firearm possession and possession of marijuana with intent to distribute charges. The initial entry by police officers into defendant's apartment to perform a "security sweep" was unlawful, therefore the evidence stemming from their search was unlawfully obtained. Defendant did not give consent for officers to enter and there was no evidence that defendant's apartment harbored a person posing a danger to others on the scene. Defendant's eventual consent to the search was only given after the unlawful entry. Reversed.
Court: Georgia Court of Appeals, Judge: Rickman, Filed On: September 19, 2023, Case #: A23A1026, Categories: drug Offender, firearms, search
J. Smith finds the trial court properly convicted defendant for being a felon in possession of a firearm, applying a sentencing enhancement for gun possession in connection with drug trafficking. After being pulled over, defendant consented to a search of his vehicle, which yielded bags of marijuana, meth, drug paraphernalia and a firearm. Defendant also had a prior felony conviction for drug trafficking. It was not clearly erroneous for the district court to find that defendant was trafficking drugs. With the firearm in close proximity to the drugs and paraphernalia, the court properly found it connected to the trafficking. Affirmed.
Court: 5th Circuit, Judge: Smith , Filed On: July 27, 2023, Case #: 22-50056, Categories: drug Offender, firearms, search
J. Gobeil finds that the trial court properly convicted defendant of meth trafficking, possession of oxycodone, possession of drug-related objects and a firearm offense. The trial court correctly denied defendant's motion to suppress evidence found during a search of his vehicle. The stop of defendant's vehicle for a headlight violation was valid and defendant failed to show that a free-air sniff conducted with a drug dog within five minutes of the initial stop unreasonably prolonged the initial detention. Affirmed.
Court: Georgia Court of Appeals, Judge: Gobeil, Filed On: July 24, 2023, Case #: A23A0637, Categories: drug Offender, firearms, search