Criminal Law keyed to Dripps
United States v. Davis
In 2007, a Joplin, Missouri, police officer Shelby Howard stopped a vehicle driven by Uneal Davis (Defendant) for speeding. A sheriff’s deputy assisted with the stop. Howard smelled the odor of marijuana as he approached the vehicle and asked Defendant to step out so he could conduct a pat-down search. During the pat-down, Howard found a lump in Defendant’ pocket which Defendant admitted to being a bag of marijuana. Howard then arrested Defendant and placed him in his patrol car. Howard then ordered three passengers in Defendant’ car out so that he could search the vehicle. During the search, Howard found a loaded handgun in the center console and observed open bottles of beer. Defendant was charged with one count of possession of a firearm by a prohibited person in violation of 18 U.S.C. §§ 922(g)(1), 922(g)(3), and 924(a)(2). After his indictment, Defendant filed a motion to suppress the handgun found on the ground that the search violated the Fourth Amendment. The district court denied Defendant’ motion. Defendant pled guilty conditioned on his right to appeal the district court’s denial of his motion to suppress.
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