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CA6: Questions during a traffic stop about weapons in the car were not in violation of the Fourth Amendment

By John Wesley Hall, Jr.

Questions during a traffic stop about weapons in the car were not in violation of the Fourth Amendment. Defendant admitted that he had a shotgun. United States v. Everett, 09-5111 (6th Cir. April 6, 2010): Defendant Harvey Everett III was convicted of being a felon in possession of a firearm after he volunteered during a traffic stop, in response to the detaining officer’s questioning, that he had a shotgun in his car. He appeals his conviction, arguing that the shotgun should have been suppressed because the officer’s questioning on a subject unrelated to his traffic offense violated the Fourth Amendment. This case presents us with an issue of first impression in this circuit: under Muehler v. Mena, 544 U.S. 93 (2005), and Arizona v...continue to full post

Full post as published by Fourth Amendment on April 06, 2010 (boomark / email).