United States v. Goines

MEMORANDUM AND ORDER

BLOCK, Senior District Judge:

Phoenix Goines (“Goines”) is charged with the possession of a firearm despite having been convicted of “a crime punishable by imprisonment for a term exceeding one year,” in violation of 18 U.S.C. § 922(g)(1). He moves to suppress the firearm and ammunition seized from his person by law enforcement on the ground that the seizure violated the Fourth Amendment. An evidentiary hearing was held on February 26, 2009. For the following reasons, the motion is granted.

I

The facts herein are taken primarily from the evidentiary hearing before the Court,…