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United States v. Vinton

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Argued December 10, 2009

Before: BROWN and KAVANAUGH, Circuit Judges, and WILLIAMS, Senior Circuit Judge.

Samuel Vinton, convicted of narcotics and firearm offenses after the contraband was found in a briefcase in his car during a traffic stop, appeals the denial of his motion to suppress. He argues the evidence was discovered during an unconstitutional search of his vehicle and property. In particular, he contends that Arizona v. Gant, 129 S.Ct. 1710 (2009), decided by the Supreme Court while this appeal was pending, establishes that the search of the briefcase cannot be upheld under the search-incident-to-arrest exception to the warrant requirement. Because it was “reasonable to believe” evidence relevant to Vinton’s weapons-possession offense would be found inside the briefcase, we affirm.

 
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