United States v. Jonson

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The Eleventh Circuit reversed the district court's denial of defendant's motion to suppress after he conditionally pleaded guilty to being a felon in possession of a firearm and ammunition. The court held that the totality of the circumstances of the investigatory stop supported the constitutionality of the pat down and thus the pat down did not violate defendant's Fourth Amendment rights. However, the court held that, on the facts here, the presence of a single round of ammunition—without facts supporting the presence, or reasonable expectation of the presence, of a firearm—was insufficient to justify the seizure of the bullet and the holster from defendant's pocket. Therefore, the court remanded for further proceedings. View "United States v. Jonson" on Justia Law