United States Fourth Circuit

In case where defendant is under indictment for possession of crack cocaine with intent to distribute, order suppressing evidence based on Fourth Amendment violation for searching hollow area of defendant's bicycle handlebar without a warrant, is reversed as the search was permissible as incident to defendant's lawful arrest.

Appellate Information

• Argued 03/21/2006
• Decided 05/04/2006
• Published 05/04/2006

Judges

• Before WILKINS, Chief Judge, and WILLIAMS and SHEDD, Circuit Judges.

Court

• United States Fourth Circuit

Counsel

• For Appellees:
  
• ARGUED:  John Staige Davis, V, Assistant United States Attorney, Office of the United States Attorney, Richmond, Virginia, for Appellant.   Paul Geoffrey Gill, Assistant Federal Public Defender, Office of the Federal Public Defender, Richmond, Virginia, for Appellee.   ON BRIEF:  Paul J. McNulty, United States Attorney, Alexandria, Virginia, for Appellant.   Frank W. Dunham, Jr., Federal Public Defender, Alexandria, Virginia, for Appellee.