United States Fourth Circuit

In a prosecution for possession of a firearm by a convicted felon, district court's denial of defendant's motion to suppress a firearm seized from his vehicle during a traffic stop is affirmed as the district court did not commit plain error, or any error at all, in refusing to suppress the firearm as the police lawfully seized defendant's pistol when it came into plain view before any search of defendant's vehicle, and as such, Gant does not apply to the present facts.

Appellate Information

• Decided 12/07/2009
• Published 12/07/2009

Judges

• Before MOTZ and KING, Circuit Judges, and ANTHONY J. TRENGA, United States District Judge for the Eastern District of Virginia, sitting by designation.

Court

• United States Fourth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Allegra Mathilde Catha Black, Office of the Federal Public Defender, Roanoke, Virginia, for Appellant.  Jean Barrett Hudson, Office of the United States Attorney, Charlottesville, Virginia, for Appellee.   ON BRIEF:  Larry W. Shelton, Federal Public Defender, Christine Madeleine Lee, Research and Writing Attorney, Office of the Federal Public Defender, Roanoke, Virginia, for Appellant.  Julia C. Dudley, United States Attorney, R. Andrew Bassford, Assistant United States Attorney, Office of the United States Attorney, Roanoke, Virginia, for Appellee.