United States Ninth Circuit

Defendant's convictions for being a prohibited person in possession of a firearm and for possession of an unregistered firearm are affirmed where: 1) there were specific and articulable facts that led each officer to believe that the shooting and campfire at issue should be investigated; 2) the public safety exception applied to the search at issue; and 3) considering the totality of the circumstances, it appeared that no Fourth Amendment violation occurred in connection to the retrieval of the weapon.

Appellate Information

• Decided 01/20/2011
• Published 01/20/2011

Judges

• Richard Mills

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• James A. McDevitt, Diane E. Hehir