United States v Huff

Huff moved to suppress evidence seized during a traffic stop. The district court granted the motion. The government moved to reconsider based on a local ordinance against carrying guns unsecured in a car which had not been argued at the original hearing. The district court granted the motion and denied suppression. The panel affirmed. It joined the majority of circuits to consider the issue and held that district courts are not required to find justification for the initial omission of the new legal arguments before considering a government motion and reconsideration should be granted where the omitted legal argument proves the search or seizure was constitutional. The panel reasoned that because the exclusionary rule is aimed at deterring police misconduct and a lawful search or seizure is not misconduct, suppression is inappropriate in these circumstances. The panel finally held that because the carrying of eh guns in the car did in fact violate the ordinance, there was probable cause to arrest Huff and search the car.