Скачать или смотреть USA v. Johnson Appeal To Suppress Evidence From Pretextual Search

Johnson is challenging his conviction and sentence for possession with intent to distribute methamphetamine and conspiracy to distribute the same narcotics. Johnson argues his conviction should be reversed because evidence from his car was improperly suppressed by the district court. The Ninth Circuit is currently considering the arguments of both sides.
Background
• Johnson was arrested after police stopped him for a traffic violation and subsequently impounded his vehicle.
• • A later inventory search of the vehicle led to the discovery of evidence related to drug possession.
• • The district court allowed the evidence and convicted Johnson.
• • Johnson argued in his appeal that the evidence should have been suppressed, and that the district court's decision to do so was an error.
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Legal Issue
• The key legal question is whether the evidence found during the inventory search was properly admitted.
Argument
• The prosecution contends that the search was a legitimate inventory search incident to the vehicle's lawful impoundment.
• Johnson argues that the impoundment was pretextual, and the search was not a true inventory search, but rather an illegal search for evidence of criminal activity.