United States Eighth Circuit

Defendant's firearm possession conviction is affirmed where the district court did not err in denying defendant's motion to suppress the gun at issue because an earlier incident report regarding a vehicle resembling defendant's, along with the number of the vehicle's occupants, sufficiently implicated officer safety concerns to justify a search incident to arrest.

Appellate Information

• Decided 10/28/2009
• Published 10/28/2009

Judges

• GRUENDER, Circuit Judge., Before MELLOY, BEAM and GRUENDER, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• David R. Mercer, Asst. Fed. Public Defender, Springfield, MO, argued (Raymond C. Conrad, Jr., Fed. Public Defender, Kansas City, MO, Michelle K. Nahon, Asst. Fed. Public Defender, Springfield, MO, on the brief), for appellant.


• For Appellees:
  
• James J. Kelleher, Asst. U.S. Atty., Springfield, MO, argued (Matt J. Whitworth, Acting U.S. Atty., Kansas City, MO, on the brief), for appellee.