United States Ninth Circuit

Defendant's firearm possession conviction is reversed where Arizona v. Gant, 129 S. Ct. 1710 (2009), required that defendant's motion to suppress be granted and, thus, that defendant's conviction be reversed because a warrantless vehicle search incident to the arrest of an occupant of the vehicle is not permitted under the Fourth Amendment.

Appellate Information

• Decided 08/24/2009
• Published 08/24/2009

Judges

• B. FLETCHER, Circuit Judge:, Before BETTY B. FLETCHER, RICHARD A. PAEZ and N. RANDY SMITH, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellees:
  
• Rebecca L. Pennell, Federal Defenders of Eastern Washington and Idaho, Yakima, WA, for the defendant-appellant., James A. McDevitt, United States Attorney, and Thomas J. Hanlon (argued), Assistant United States Attorney, Yakima, WA, for the plaintiff-appellee.