United States Ninth Circuit

Defendant's firearm possession conviction is affirmed where the district court properly denied defendant's motion to suppress the firearm at issue because the area in which the police officers discovered the incriminating evidence immediately adjoined the place of arrest, and thus the officers were justified in conducting a search of that area without either probable cause or reasonable suspicion.

Appellate Information

• Decided 09/22/2009
• Published 09/22/2009

Judges

• Before RONALD M. GOULD, JOHNNIE B. RAWLINSON and JAY S. BYBEE, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellees:
  
• Kyle W. Hoffman, Assistant United States Attorney; Karen P. Hewitt, United States Attorney; and Bruce R. Castetter, Assistant United States Attorney, San Diego, CA, for the plaintiff-appellee., Jeremy D. Warren, San Diego, CA, for the defendant-appellant.