Is a federal judge wrong in refusing to suppress the gun and the testimony of two plainclothed police officers in a civil case?

MultiRegion, United States of America

The following excerpt is from U.S. v. Lopez, 122 F.3d 1075 (9th Cir. 1997):

In our previous memorandum disposition we affirmed on the basis that any error was harmless because Lopez admitted both elements of the 922(g) violation on the stand at his state court trial. We granted rehearing. That admission alone is not sufficient to support the conviction under the corpus delecti rule as defined in United States v. Lopez-Alvarez, 970 F.2d 583 (9th Cir.1992). Lopez-Alvarez requires that there be, in addition to the defendant's admissions, independent evidence that a crime was committed. See id. at 592. We therefore must decide whether the district court erred in refusing to suppress the gun and the officers' testimony.

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