United States v. McCraney, No. 11-3573 (6th Cir. 2012)
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Defendant, charged as a felon in possession of a firearm and ammunition (18 U.S.C. 922(g)(1)), moved to suppress evidence seized in the automobile search (a loaded revolver found under the driver's seat) and his later statements admitting that the firearm belonged to him. The court granted the motion and the government appealed. The Sixth Circuit affirmed. While the officer had probable cause to stop the car and arrest the driver, based on traffic violations, the occupants were not within reaching distance of the seat when the car was searched. The officer's testimony did not establish reasonable suspicion to justify a protective search.
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