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The Associated Press

OXFORD, Miss. (AP) — A lawyer has asked a federal judge to throw out evidence in a north Mississippi gun case.

Charles Williams was a passenger in a car in December 2011 when the vehicle encountered a check point set up by the Mississippi Highway Patrol and Nettleton Police Department.

Court records say the driver was arrested on suspicion of DUI. A search of the vehicle turned up a gun in the trunk.

Williams was indicted in November on charges of being a felon in possession of a gun and possessing a gun with a destroyed serial number.

Williams’ lawyer filed a motion in U.S. District Court in Oxford to suppress the evidence.

Attorney Nicole Clinkscales argues that the check point was improper and so was the search of the vehicle.

Among the arguments in the motion, Clinkscales said that the vehicle belonged to Williams and that he never gave consent for police to search it. Clinkscales says that amounts to a warrantless search.

Prosecutors have not yet responded to Sunday’s motion.

Clinkscales also argues that the checkpoint “was not constitutionally valid.”

She says the government hasn’t produced any evidence about who organized it and that there was no written plan on how it would be conducted.

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