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Stop of Suspected Parole Violator OK, Led to Discovery of Gun

By Shari Allison

US v. James, No. 07-3296, 12/17/08 - Denial of motion to suppress and ACCA sentence affirmed. Cops had reasonable suspicion that vehicle defendant was driving was used and possibly being driven by parole violator who was a suspect in case in which hot checks had been written to a nursery to pay for shrubbery, so pulling it over was lawful, as was discovery of gun in plain view between driver?s seat and center console. Then, information from defendant led to discovery of guns and ammo in apartment he shared with the suspect in shrubbery caper case during a protective sweep, which was also based on reasonable suspicion. As for the sentence, defendant?s three burglary convictions were of separate structures and therefore arose from ?separate criminal transactions,? triggering the 15 year minimum mandatory sentence, which was not grossly disproportional and therefore not violative of Eighth Amendment.continue to full post

Full post as published by Tenth Circuit Blog on December 19, 2008 (boomark / email).