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White: Firearm Possession Prohibition on Domestic Violence Convicts Valid post-Heller

By Tim Cone

In U.S. v. White, No. 08-16010 (Jan. 11, 2010), the Court affirmed a conviction for possession of a firearm by a person convicted of a misdemeanor crime of domestic violence.The Court rejected the argument that one police officer?s recollection that he smelled marijuana was not credible, because the other arresting officer did not recall a smell of marijuana. Because the testimony was credible, the smell gave the officer reasonable suspicion for further investigation ? which led him to find a firearm. In addition, the officers were outnumbered by the persons they found in a car, after getting a complaint about loud music in a high crime area late at night, and the occupants of the car could not produce identification.The Court also rejected the argument that White?s prior conviction did not qualify under the firearm possession statute...continue to full post

Full post as published by Defense Newsletter Blog on January 11, 2010 (boomark / email).