United States v. Kevin L. Montgomery

LEVENTHAL, Circuit Judge:

Defendant Montgomery claims on his appeal that the “routine traffic stop” that resulted in the discovery of an unregistered firearm in the car he was driving was a “seizure” lacking the justification required by the Fourth Amendment. Because we find that the stop was not based on an articulable suspicion of criminal behavior as required by the Supreme Court’s decisions, nor sufficiently justified as part of a systematically random program of traffic stops, we order the evidence suppressed and reverse defendant’s conviction for possession of an unregistered firearm.

I.…