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US v. Gomez, No. 09-50719

By FindLaw Staff on October 08, 2010 2:04 PM

In US v. Gomez, No. 09-50719, the court affirmed defendant's conviction for being a felon in possession of a firearm on the ground that the district court did not err in finding that the responding officers were justified in stopping and searching defendant's vehicle in keeping with the requirements of the Fourth Amendment.

As the court wrote:  "Appellant Luis Gomez ("Gomez") appeals the district court's denial of his motion to suppress evidence. Gomez asserts that police lacked reasonable suspicion to justify their decision to stop and search his vehicle, thereby tainting the evidence used to convict him. Under the particular facts of this case, we conclude that the district court did not err in finding that the responding officers were justified in stopping and searching Gomez's vehicle in keeping with the requirements of the Fourth Amendment. Thus, we AFFIRM the district court's denial of Gomez's motion to suppress and Gomez's subsequent conviction."

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