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Unpublished Decisions

By Shari Allison

U.S. v. Richard, 2009 WL 3367632 (10/21/09) (unpub'd) - An officer's opinion, based on his extensive experience, that individuals involved in drug activity typically keep evidence of that activity in their homes, is enough to establish probable cause to search a suspect's home. Evidence of continuous involvement with drugs over the course of a year and a half ending two weeks before the warrant issued was not too stale and established probable cause the suspect was a drug user in possession of a firearm. Without any real discussion, the 10th holds the prohibition against habitual drug users possessing firearms did not run afoul of the 2d Amendment, even though the Heller Court did not specifically mention in dicta, as it did with respect to felons, that such a prohibition would be okay...continue to full post

Full post as published by Tenth Circuit Blog on October 30, 2009 (boomark / email).