United States v. Jackson, No. 11-3688 (6th Cir. 2012)
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A BOLO alert issued for a suspect involved in a shooting, thought to be driving a black Tahoe with stripes and chrome wheels. An officer, familiar with the suspect, spotted a similar vehicle and performed a traffic stop for failure to signal. Defendant and his passenger were each holding open, partially consumed bottles of beer. Neither had a valid driver’s license. The officer then realized that there was no connection with the incident that precipitated the BOLO, but conducted a background check and found a warrant for defendant’s arrest. The officer determined that, in accordance policy, the Yukon would have to be towed because it was illegally parked in the driveway of a residence with no discernible connection to either occupant and neither could drive it to another location. Before releasing the vehicle to the towing company, he performed an on-site inventory search; under the driver’s seat. He noticed that the carpet had been ripped up and appeared to be loose. Lifting it, the officer found a handgun. Defendant conditionally pled guilty to being a felon in possession of a firearm and ammunition, 18 U.S.C. 922(g)(1). The Sixth Circuit affirmed denial of a motion to suppress the firearm.
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