The Nevada Supreme Court issued a unanimous decision Dec. 23 affirming a district court's order suppressing evidence in a criminal case involving a concealed weapon charge. In *State v. Dubuc*, the court upheld Judge Barry L. Breslow's ruling that granted defendant Ricky Kevin Dubuc's motion to suppress evidence obtained during a police search.
Dubuc was charged with felony carrying a concealed weapon following an incident in a parking lot where police stopped him after conducting surveillance on his associate. The case centers on fundamental Fourth Amendment protections against unreasonable searches and seizures.
According to the court documents, police had been surveilling Dubuc's associate as a suspect in an unrelated crime when they observed Dubuc and the other man enter Dubuc's vehicle. Officers stopped them in a parking lot after they exited the vehicle. When questioned by an officer, Dubuc admitted he had a handgun in the waistband of his pants. Police then handcuffed Dubuc and searched for and seized the weapon.
During subsequent criminal court proceedings, Dubuc filed a motion to suppress the evidence obtained in the search. His defense team argued that the stop and search violated his Fourth Amendment rights. The district court agreed, finding that police lacked reasonable suspicion to justify the stop.
The Nevada Supreme Court's unanimous decision reinforces constitutional protections against unreasonable searches and seizures, emphasizing that mere association with someone under surveillance does not provide sufficient justification for a police stop. The ruling demonstrates the courts' commitment to upholding Fourth Amendment rights even in cases involving weapons charges.
