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United States DC Circuit


US v. WESLEY, 01-3107

The search of a car without a warrant, was a permissible search incident to arrest where 1) police had probable cause to believe defendant was violating a stay-away order, based on defendant's location, and 2) because defendant was in his car at the time of arrest, search of the passenger compartment was lawful in scope.

Appellate Information

  • Argued 04/12/2002
  • Decided 06/21/2002
  • Published 06/21/2002

Judges

  • Before:  SENTELLE and GARLAND, Circuit Judges, and SILBERMAN, Senior Circuit Judge.

Court

  • United States DC Circuit

Counsel

  • For Appellant:
  • Nicholas H. Cobbs, appointed by the court, argued the cause and filed the briefs for appellant.

  • For Appellees:
  • Elizabeth H. Danello, Assistant U.S. Attorney, argued the cause for appellee.   With her on the brief were Roscoe C. Howard, Jr., U.S. Attorney, John R. Fisher and Roderick L. Thomas, Assistant U.S. Attorneys.
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