United States Sixth Circuit

The search-incident-to-arrest authority permits an officer to search a glove box, whether open or closed, locked or unlocked. A conviction for being a felon in possession of a firearm is affirmed over claims that: 1) a police officer's decision to run a warrant check on him was based on his race, in violation of his Equal Protection rights; 2) the search of his vehicle incident to his arrest violated the Fourth Amendment; and 3) questioning by the police after his arrest violated his Fifth Amendment rights under Miranda.

Appellate Information

• Decided 01/15/2008
• Published 01/15/2008

Judges

• Before:  BOGGS, Chief Judge;  KENNEDY, Circuit Judge;  and JORDAN, District Judge.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Michael C. Holley, Federal Public Defender's Office, Nashville, Tennessee, for Appellant.  Blanche B. Cook, Assistant United States Attorney, Nashville, Tennessee, for Appellee.   ON BRIEF:  Michael C. Holley, Caryll S. Alpert, Federal Public Defender's Office, Nashville, Tennessee, for Appellant.  Philip H. Wehby, Assistant United States Attorney, Nashville, Tennessee, for Appellee.