United States Ninth Circuit

In a conviction of defendant for drug related offense, district court’s denial of a motion to suppress is affirmed as, the officer’s first command directing defendant to empty his pocket did not cause an intrusion upon defendant’s reasonable expectation of privacy because he did not comply with the command, and although the officer’s second command was a search within the meaning of the Fourth Amendment, the search was supported by probable cause and exigent circumstances justified the search without a warrant.

Appellate Information

• Decided 07/17/2012
• Published 07/17/2012

Judges

• Bea

Court

• United States Ninth Circuit

Counsel