US v. Dorsey

No. 04-30152 (8-10-05). One has to wonder about defendants. Here, defendant was found on High School property: he wasn't a student; he made up a name for the student he was waiting for; he violated all sorts of school policies, and yet the police warned him to stay away. Did he? Of course not. he comes back later that day and is driving recklessly (supposedly) in the parking lot. He was arrested when he was identified as the possibly the same guy (he was), and he was found with drugs and a gun. Defendant challenged the conviction of having a firearm in a school zone. Predictably he lost because Congress had put in the jurisdictional commerce clause requirement that the gun had to move in state commerce. The 9th also held that there was probable cause for arrest on a couple different state grounds. In dissent, Rawlison argues that probable cause did not exist for trespassing.