United States v. Oshan Cook

Oshan Cook appeals his convictions for conspiracy to possess with intent to distribute MDMA (also known as ecstasy or Molly) and possession with intent to distribute MDMA and LSD. Cook mainly challenges the denial of his motions to suppress the evidence seized from his backpack, arguing that the search violated his Fourth Amendment rights. We conclude, however, that the brief, cursory search of Cook’s backpack for weapons was valid incident to a lawful arrest, and thus the district court properly denied Cook’s motions. Because we also reject Cook’s remaining challenges, we affirm.

I

A

Working with an informant, undercover agents from the Drug Enforcement Administration arranged to buy MDMA from Yuri Lambert and James Edmonds. On the morning of April 22, 2010, about thirty minutes before the scheduled sale, agents were surveilling Lambert’s house on 63rd Street in Oakland, California, when they saw Cook carrying a backpack into the house. The agents concluded that Cook likely dropped something off while inside the house because, when he left a short time later, his backpack appeared less full and lighter. About fifteen minutes after Cook left the house, Lambert and…