USA v. Rodriguez, No. 21-20150 (5th Cir. 2022)
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Defendant was the passenger of a vehicle stopped for a traffic violation. During the stop, the officer became suspicious, removed the men from the car, and found a firearm in a jacket on the rear floorboard of the vehicle. Initially, Defendant was charged in state court, but when it was later discovered he was an illegal alien, he was charged with a federal firearms offense.
The district court denied Defendant's motion to suppress the finding that Defendant lacked standing to challenge the search. Defendant subsequently pled guilty.
The Fifth Circuit affirmed the district court's denial of Defendant's motion to suppress a firearm, albeit on substantive grounds. The court noted that the standing question was a difficult one, that it decided to leave for another day to address. However, because the search was a valid protective sweep, the court affirmed the district court's denial of Defendant's motion to suppress.
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