US v. Rumley, No. 08-5269

In a prosecution for possession of a firearm by a convicted felon, district court's denial of defendant's motion to suppress a firearm seized from his vehicle during a traffic stop is affirmed as the district court did not commit plain error, or any error at all, in refusing to suppress the firearm as the police lawfully seized defendant's pistol when it came into plain view before any search of defendant's vehicle, and as such, Gant does not apply to the present facts.  

Read US v. Rumley, No. 08-5269

Appellate Information

Argued: October 29, 2009

Decided: December 7, 2009

Judges

Opinion by Circuit Judge  Motz

Counsel

For Appellant:  Allegra Mathilde Catha Black, Office of the Federal Public Defender

For Appellee:   Jean Barrett Hudson, Office of the United States Attorney