United States v. Huff, No. 13-3216 (10th Cir. 2015)
Annotate this CaseThe district court initially ruled to suppress evidence of firearms seized during the arrest of Appellant Dana Huff, but the court agreed to reconsider the motion after the government presented a new legal basis for the seizure. Upon reconsideration of the motion to suppress, the court found the seizure to be proper. Huff argued on appeal to the Tenth Circuit that the court improperly reconsidered the motion to suppress because the government provided no justification for its initial oversight and the law enforcement officers lacked probable cause to arrest him. The Tenth Circuit affirmed, holding that the district court could reconsider a motion to suppress without requiring the government to justify why it initially failed to set forth that legal basis for the seizure of evidence. The Court also held that the officers had sufficient probable cause to arrest Huff after seeing the firearms, one of which was being transported in violation of a local ordinance.
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