Wednesday, June 29, 2005

Court upholds search

The Eighth Circuit Court of Appeals affirmed the ruling by the District Court, which denied a motion by defendant Antonio Slater to suppress a firearm that is evidence in his federal conviction for being a felon in possession of a firearm.

Slater was the passenger in a car stopped by an Independence police officer at a sobriety checkpoint. During the stop, a computer check revealed an outstanding arrest warrant and a search uncovered a loaded revolver in Slater’s pocket.

The appellate court ruled that the officer's request for defendant's identification did not violate the Fourth Amendment even if the request was unrelated to the sobriety stop which was in progress; request for identification and officer's decision to conduct a computer search of defendant's information did not unreasonably prolong detention at the sobriety stop.

Here is the court's published opinion.