United States of America v. Dareese Davon Hewlett

Grand Rapids, Michigan criminal defense lawyer represented the Defendant charged with being a felon in possession of a firearm.

Dareese Davon Hewlett pleaded guilty to being a felon in possession of a firearm, in violation of 18 U.S.C. § 922(g). He now argues that his conviction should be vacated for two reasons. First, he contends that the district court erred in denying his motion to suppress the firearm underlying his conviction. Second, he argues that § 922(g) is unconstitutional as applied to him under the Second Amendment standard articulated in New York State Rifle &Pistol Ass'n v. Bruen, 597 U.S. 1 (2022), an issue he raises for the first time on appeal. But the police who seized the firearm relied in good faith on a search warrant, and Hewlett cannot show plain error as to his Second Amendment challenge. We affirm Hewlett's conviction.



* * *





The Fourth Amendment requires probable cause for a search warrant to issue. "An issuing judge may find probable cause to issue a search warrant when 'there is a fair probability that contraband or evidence of a crime will be found in a particular place.'" United States v. Williams, 544 F.3d 683, 686 (6th Cir. 2008) (quoting United States v. Laughton, 409 F.3d 744, 747 (6th Cir. 2005)). To justify a search, the circumstances must indicate a "nexus between the place to be searched and the evidence sought"-that is, reason to believe that evidence of illegal activity will be found in a particular place. United States v. Carpenter, 360 F.3d 591, 594 (6th Cir. 2004) (en banc) (citation omitted).



* * *



United States v. Hewlett, 23-2040 (6th Cir. Oct 24, 2024)

Affirmed