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NV Supreme Court upholds Elko felon’s firearm conviction

September 25, 2018

CARSON CITY, Nev. (AP) — The Nevada Supreme Court has upheld the 2015 conviction of an Elko felon for possession of a firearm after he argued he was the victim of an illegal search and seizure.

The high court originally overturned Ralph Torres’ conviction in 2015. But Attorney General Adam Laxalt appealed two years later to the U.S. Supreme Court, which vacated the decision and remanded the case back to district court in Nevada.

Citing a similar Utah case the U.S. court overturned in 2016, the Nevada Supreme Court ruled 4-3 Tuesday the arresting officer was allowed to search Torres after he ran a fake ID Torres presented and turned up a previous arrest warrant.

Chief Justice Michael Douglas and two others said in the dissent that the officer had engaged in a fishing expedition for evidence in hope that something might turn up.

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