United States v. Gibbs, No. 17-12474 (11th Cir. 2019)
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The Eleventh Circuit affirmed the district court's denial of defendant's motion to suppress evidence of a firearm recovered from his person by police. Defendant had conditionally pleaded guilty to being a felon in possession of a firearm.
The court held that defendant's encounter with the detectives was part of a lawful traffic stop where the detectives had probable cause to believe that the driver of the vehicle was committing a traffic violation. Moreover, the detectives were justified in briefly detaining defendant while conducting the traffic stop and citing the driver. The court also held that the seizure of the firearm from defendant's pocket only seconds after detectives came onto the scene was likewise lawful.
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