Felon loses appeal of weapons conviction

By From page A3 | August 14, 2014

FAIRFIELD — A felon serving a seven-year prison stint for having a loaded gun in his car lost his appeal Wednesday seeking to have his conviction overturned.

Antoine W. Harris of Fairfield claimed in his appeal that his constitutional rights were trampled by Fairfield police officer Jausiah Jacobsen, who used a flashlight to look into Harris’ car parked in front of his grandmother’s house one night in August 2011.

Harris also claimed the gun Jacobsen saw in plain sight partly tucked between the driver’s seat and center console should not have been used as evidence at his 2012 jury trial because Jacobsen had no reason to believe any laws were being broken when he seized the gun.

Jacobsen testified at a pretrial hearing that he saw Harris get out of his car and walk into the nearby house before he took a look inside and spotted the gun.

The Court of Appeal in San Francisco ruling upheld decisions made by Judge Donna Stashyn saying in part that “Officer Jacobsen was standing at a lawful vantage point, in a public street, when he observed the gun, and he could see ‘everything except for the end of the barrel,’ including the inserted magazine suggesting the gun was loaded. . . . Observation of that which is in view is lawful, whether the illumination is daylight, moonlight, lights within the vehicle, lights from street lamps, neon signs or lamps, or the flash of lights from adjacent vehicles; that the light comes from a flashlight in an officer’s hand makes no difference.”

Reach Jess Sullivan at 427-6919 or [email protected] Follow him on Twitter at www.twitter.com/jsullivandr.

Jess Sullivan

Jess has covered the criminal justice system in Solano County for several years. He was an embedded reporter in Iraq in 2003.

Discussion | 10 comments

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  • Snuggle bunnyAugust 14, 2014 - 3:55 am

    Damn we are getting pretty low in catching criminals!!!! I guess if the officer just happened to walk by and smelled an odor??? That would warrant a search?? Goes along with the famous your license plate light is out and turns into complete stripping of your vehicle.

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  • MattAugust 14, 2014 - 4:38 am

    Yea it's too bad the officer found a loaded, concealed weapon in that mans car. I'm sure he only had it there to help prevent crime. Like a vigilante, maybe Fairfields own gun-toting batman.

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  • 2realAugust 14, 2014 - 5:50 am

    Officer nimrod

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  • I don't get itAugust 14, 2014 - 6:03 am

    People on this forum like 2Real and Snuggle Bunny routinely complain about crime and the lack of convictions from our court system and just about anything else under the sun. But when an officer spots a loaded gun in a felons vehicle, they still complain. I think that what Officer Jacobsen did was good, pro-active police work and if he was standing anywhere near me, I'd give him a high-5.

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  • ...August 14, 2014 - 8:42 am

    I don't get it, you took the words right out of my mouth. 2Real complains no matter what the article is about, and Snuggle Bunny? You can never hope to be taken seriously with a name like that.

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  • Lucy AAugust 14, 2014 - 10:00 am

    THANK YOU OFFICER JACOBSEN!!!!!!!! Keep up the good work and have a great day!!!!

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  • Demarquis Abdullah WashingtonAugust 14, 2014 - 12:57 pm

    Face it---the cops and their politician enablers are universally hated and the United States is living on borrowed time. The anger and hatred of the cops is even growing amongst white conservatives and registered Republicans! Mr. Harris has no future and when he gets out he's probably going to get even.

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  • Lucy AAugust 14, 2014 - 3:10 pm

    Demarquis Abdullah Washington: I guess because I am not not a criminal, by choice---I do NOT hate cops!!!! And borrowed time? Does this mean you know something more than God? Why are you pointing fingers??? Is it really EVERY politician and everybody else's fault that criminals are criminals!! Who are you teaching that dumb concept to? It sounds like the things people teach their children at home, for example, NO RESPECT for the laws of this land, the lack of respect of property, or human life is really the problem here! That's exactly why I am thankful the Police are taking a legitimate stand to counter violence!!! Thank you again to ALL the officers cleaning these streets up!!!! I GLADLY PAY YOU WITH MY HARD EARNED TAX DOLLARS!!!!

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  • patrickAugust 14, 2014 - 3:42 pm

    LUCY A My gang have badges and wear blue uniforms.

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  • Lucy AAugust 14, 2014 - 6:54 pm

    Perfect! ;) Thank you for your service!!!

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