United States v. McHugh, No. 10-5065 (10th Cir. 2011)
Annotate this CaseThe defendant entered a conditional plea of guilty to being a felon in possession of a firearm and ammunition. The district court denied a renewed motion to suppress the gun and ammunition as seized in violation of the Fourth Amendment. The Tenth Circuit affirmed. The initial seizure of the defendant, by a police officer who ordered him to exit the vehicle, was based on reasonable suspicion. The totality of the circumstances included the time of night, criminal activity in the area, information from dispatch that the subjects were suspected to have a gun, and observations of suspicious behavior reported by a security guard, known to the officers, who had called the police and held the subjects at gunpoint while waiting for officers.
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