Defendant’s firearm possession conviction is affirmed where the district court properly denied defendant’s motion to suppress the firearm at issue because the area in which the police officers discovered the incriminating evidence immediately adjoined the place of arrest, and thus the officers were justified in conducting a search of that area without either probable cause or reasonable suspicion.

Read US v. Lemus, No. 08-50403

Appellate Information

Submitted June 1, 2009

Filed September 22, 2009

Judges

Opinion by Judge Bybee

Counsel

For Appellant:

Jeremy D. Warren

For Appellee:

Kyle W. Hoffman

Bruce R. Castetter

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