United States Second Circuit

Defendant's conviction for possessing a handgun after a felony conviction is affirmed, where: 1) the de minimis additional time taken to search a database did not render the traffic checkpoint an unreasonable seizure; 2) the officers had sufficient probable cause to believe that defendant was violating his curfew; 3) defendant's arrest was constitutional, notwithstanding state laws prohibiting officers from arresting parole violators without a warrant in the absence of a crime or offense; and 4) the search incident to his arrest uncovered a handgun and because the arrest was constitutionally proper, this weapon was properly admitted at defendant's trial.

Appellate Information

• Decided 08/01/2013
• Published 08/01/2013

Judges

• WESLEY

Court

• United States Second Circuit

Counsel