United States v. Bernacet, No. 12-2584 (2d Cir. 2013)
Annotate this CaseDefendant appealed his conviction of one count of possession of a firearm following a conviction for a felony. Defendant pulled up to a two-hour scheduled traffic-safety vehicle checkpoint in the Bronx where an officer ran defendant's license and noticed that defendant was on parole and out potentially after curfew. A handgun and a gravity knife were subsequently discovered on defendant. The court affirmed the judgment, concluding that the criminal history database search was a de minimis extension of the constitutional traffic checkpoint; the police had probable cause to believe that defendant was violating his parole; and defendant's arrest was constitutional, notwithstanding state laws prohibiting officers from arresting parole violators without a warrant in the absence of a crime or offense.
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