United States Ninth Circuit

Conviction for being a felon in possession of a firearm is affirmed, where the district court did not err in denying defendant's motion to suppress the handgun, where: 1) because defendant did not submit to the officers' show of authority, he was not seized until he was brought to the ground, after he tossed his gun away, and thus lost his ability to challenge the admissibility of the gun as fruit of an illegal seizure; and 2) the discovery of the gun that defendant tossed was too attenuated from the prior illegal backpack search to have been the fruit of that illegal act.

Appellate Information

• Decided 04/19/2013
• Published 04/19/2013

Judges

• GOULD

Court

• United States Ninth Circuit

Counsel