OAKLAND — Federal prosecutors have dismissed a felony gun demand from an East Bay person following a federal judge dominated that a California Freeway Patrol officer unlawfully frisked him, primary to the discovery of a pistol, court information show.
Cameron Odom, 28, was charged final 12 months with currently being a felon in possession of a firearm, and confronted up to 10 yrs in federal jail if convicted. But on July 14, 4 months soon after U.S. District Choose Jon Tigar ruled the research of Odom was unconstitutional, prosecutors dismissed the chage.
In a March ruling, Tigar observed that CHP Officer Xavier Guajardo had no affordable suspicion to believe that Odom was armed after Odom was pulled in excess of for allegedly driving 92 miles per hour on Interstate 580 in San Leandro. Tigar wrote there was “no question” Guajardo’s carry out “directly led to the violation of the defendant’s constitutional suitable.”
“(Guajardo) frisked Odom even nevertheless the ‘totality of the circumstances’ failed to assistance affordable suspicion that Odom was now armed and risky,” Tigar wrote, afterwards including, “therefore, suppression is ideal in this circumstance.”
Federal prosecutors defended Guajardo’s actions, writing in a courtroom doc that Odom acted anxious, gave inconsistent information and facts, and that the time of the targeted traffic halt — 2:23 a.m. — included to the possible protection hazard. They also wrote that Guajardo seemed up Odom’s criminal heritage and identified he experienced a prior arrest on suspicion of a weapons demand.
“Because legislation enforcement would require to interact with Odom in get to tow the motor vehicle, a pat-down for officer protection was justified and supported by realistic suspicion,” assistant U.S. Legal professional Alexis James wrote.
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