Leaning Through Car Window Was Illegal Search, 9th Cir. Rules

A man accused of being a felon in possession of a firearm convinced the Ninth Circuit Friday to reverse his conviction because the search for the weapon violated the Fourth Amendment.

San Francisco police officer Kolby Willmes approached a car owned by Malik Ngumezi while it was parked at a gas station. The vehicle did not have license plates, but a proof of sale was affixed to the windshield.

Willmes found a loaded handgun after he leaned into Ngumezi’s passenger window. At a bench trial, the officer didn’t deny leaning inside, but he testified that he didn’t remember if he ...