United States v. Stewart

McCONNELL, Circuit Judge.

A traffic stop of Adrian T. Stewart’s car in Heber City, Utah, led to the discovery under his seat of a loaded .9 millimeter pistol with the safety off and a package of methamphetamine hidden in a rollerblade. Mr. Stewart moved to suppress this evidence, arguing that the officer’s question that led to the discovery of the gun, and the subsequent search of his vehicle, violated his Fourth Amendment rights. The district court denied his motion, and a jury convicted him of methamphetamine pos session. The government dismissed the gun charge. He now appeals from the…