United States v. Simmons, No. 12-1637-cr (2d Cir. Nov. 26, 2013) (Pooler, Lohier, and Carney) (summary order), available here
The panel held that the seizure of a firearm from the defendant’s room did not violate the Fourth Amendment because he gave “implied consent” to the seizure.
The district court found that, by telling police officers the precise location of the gun, the defendant implicitly consented to them seizing it. The court also found that such consent was given voluntarily.
The Circuit, finding no clear error in these findings, affirmed the denial of the defendant’s motion to suppress. …