United States Third Circuit

In a prosecution of defendant for armed robbery of a credit union bank, district court's denial of defendant's motion to suppress evidence is affirmed where: 1) a search is permissible incident to a suspect's arrest when, under all the circumstances, there remains a reasonable possibility that the arrestee could access a weapon or destructible evidence in the container or area being searched; and 2) suppression of the cash found within the bag was not required as, although defendant was handcuffed and guarded by two policemen, defendant's bag was literally at his feet, and there remained a sufficient possibility that defendant could access a weapon in his bag to justify its search.

Appellate Information

• Argued 04/13/2010
• Decided 08/10/2010
• Published 08/10/2010

Judges

• HARDIMAN

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• Joseph F. Minni, Christy Unger