U.S. Tenth Circuit - The FindLaw 10th Circuit Court of Appeals Opinion Summaries Blog

Firearm Possession Conviction Upheld in US v. Fisher

In US v. Fisher, No. 09-6142, the court of appeals affirmed defendant's firearm possession conviction.

As the court wrote:  "Floyd Eugene Fisher was convicted of being a felon in possession of a firearm in violation of 18 U.S.C. § 922(g)(1) after police officers responding to an emergency "shots-fired" call found him at the scene armed with a .44 caliber revolver and ammunition. He appeals his conviction, arguing that the Government's introduction of this evidence at trial violated his Fourth Amendment rights. We have jurisdiction under 28 U.S.C. §1291, and we affirm."

The court of appeals held that the police had probable cause to detain defendant because they were responding to a 911 call late at night, in a high crime area, with every reason to suspect gunplay, and the only vehicle at the scene looked as if it was about to depart.

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