United States Sixth Circuit

In a prosecution of defendant for being a felon in possession of a firearm, grant of defendant's motion to suppress the evidence found in his car is reversed in part as the district court erred in looking to the officer's subjective intent, rather than whether the officer objectively had probable cause to stop defendant for violating one of the traffic statutes or ordinances. The case is remanded for the district court to determine whether defendant's actions in stopping his car near or at the intersection objectively gave rise to probable cause that defendant had violated the parking to obstruct ordinance, and whether, at the time of the stop, the officer knew or reasonably believed that defendant was in fact violating the law by parking to obstruct traffic, as prohibited by that same ordinance.

Appellate Information

• Argued 03/05/2010
• Decided 05/27/2010
• Published 05/27/2010

Judges

• Before CLAY and McKEAGUE, Circuit Judges; POLSTER, District Judge .

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:Blanche B. Cook, Assistant United States Attorney, Nashville, Tennessee, for Appellant. Caryll S. Alpert, Office of The Federal Public Defender, Nashville, Tennessee, for Appellee. ON BRIEF:Blanche B. Cook, Assistant United States Attorney, Nashville, Tennessee, for Appellant. Caryll S. Alpert, Michael C. Holley, Office of The Federal Public Defender, Nashville, Tennessee, for Appellee.