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Name: U.S. v. Rousseau
Case #: 00-30214
Court: US Court of Appeals
District 9 Cir
Opinion Date: 07/03/2001
Subsequent History: None
Summary

Officers observed a knife which was in plain view in Rousseau’s truck when they pulled up beside him. They then searched the vehicle, finding a firearm. Rousseau argued that the knife was unlawfully seized because he was neither carrying it, nor was there probable cause to believe he had committed a crime. The appellate court here affirmed the denial of the motion to suppress. Rousseau was a known convicted felon, who was “carrying” the weapon in his vehicle under Oregon law. The subsequent search of his vehicle, which led to the seizure of a firearm, was therefore incident to arrest, and the motion was properly denied.