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US v. Randolph, No. 10-1907

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By FindLaw Staff on January 12, 2011 1:12 PM

Felon in Possession Conviction Affirmed

In US v. Randolph, No. 10-1907, the court affirmed defendant's conviction for being a felon in possession of a firearm where 1) failing to signal a turn, in violation of the law, was sufficient probable cause to support a traffic stop; 2) the search at issue was lawful under Arizona v. Gant because defendant's vehicle contained evidence of the firearm offense; and 3) in any event, defendant had no standing to contest the search.

As the court wrote:  "Joshua Randolph entered a conditional plea of guilty to being a felon in possession of a firearm, in violation of 18 U.S.C. §§ 922(g)(1) and 924(a)(2). He appeals from the district court's1 denial of his motion to suppress evidence, contending that his Fourth Amendment rights were violated when police officers initiated a traffic stop without reasonable suspicion to do so and unlawfully searched the vehicle he had been driving. We affirm."

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