Gun possession conviction tossed by Nevada Supreme Court | NevadaAppeal.com

Gun possession conviction tossed by Nevada Supreme Court

Nevada Appeal Capitol Bureau
Nevada State Supreme Court building in Carson City.
Getty Images/iStockphoto | iStockphoto

The Nevada Supreme Court has overturned Raymond Padilla’s conviction on a charge of possession of a firearm by a prohibited person.

The high court agreed with Padilla that law enforcement found the gun during an unconstitutional search of his vehicle.

The panel of Judges Jim Hardesty, Lidia Stiglich and Abbi Silver said officers had reasonable justification to stop Padilla after a 911 call reported what sounded like gunshots and described a vehicle matching Padilla’s. But there was no weapon in sight in the vehicle and a frisk found no weapon on Padilla’s person. He was cooperative and presented no danger to the officers, according to the order.

But the officer searched the vehicle, opening the center console and finding the weapon.

The justices ruled that was an unconstitutional search because the officers no longer had a reasonable suspicion that Padilla was dangerous. They overturned his conviction ruling that the firearm evidence must be suppressed.