United States v. White, No. 19-1549 (8th Cir. 2020)
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The Eighth Circuit affirmed defendant's conviction of multiple drug and firearm offenses. In this case, a police detective received a reliable tip that defendant was selling crack cocaine in the Kansas City area and that defendant was driving a white Dodge Avenger. Police officers then stopped defendant when he committed a traffic violation. Defendant had a suspended driver's license and a blank rental-car agreement, and officers found a glove containing more than 50 grams of crack cocaine after the search of the car's hood.
The court held that the district court did not err in denying defendant's motion to suppress where defendant failed to establish that his own Fourth Amendment rights were violated by the challenged search and seizure because he did not have lawful possession of the vehicle; there was no Confrontation Clause error in admitting the telephone conversations between defendant and two confidential informants; and the evidence was sufficient to support defendant's conviction for two firearm offenses.
Court Description: [Stras, Author, with Smith, Chief Judge, and Colloton, Circuit Judge] Criminal case - Criminal law. Defendant failed to produce evidence that he was in lawful possession of the vehicle involved in the search and he had no standing to challenge the search; admission of audio recordings of telephone conversations between defendant and two confidential did not violate the Confrontation Clause; evidence was sufficient to support defendant's conviction on two firearms counts.
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