United States v. Justin Smith

MEMORANDUM

Justin Smith appeals from his conviction for being a felon in possession of a firearm. 18 U.S.C. § 922 (g)(1). He asserts that the district court erred when it denied his motion to suppress evidence that he claims was obtained as a result of an illegal search and seizure. See U.S. Const, amend. IV. We affirm.

Smith was subject to a parole search term imposed pursuant to California law. At the time in question, the vehicle (a U-Haul truck) from which the items in question (guns) were seized, was not being driven by Smith himself, but contained his possessions, was being driven by a close relative, and was closely following an automobile belonging to Smith and his wife. He was in the automobile and she was driving. Smith asserts that the officers, who pulled his automobile and the U-Haul over, lacked probable cause to believe that he was in control of the U-Haul. Based upon the facts known to the officers before they made the stop, the district court did not err when it determined that there was probable cause to believe that Smith did control the U-Haul.

AFFIRMED.

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir.…