United States v. Ronald Johnson

MEMORANDUM

Ronald Johnson (“Johnson”) appeals his felon in possession conviction, arguing error in the failure to suppress a revolver and rifle seized in a warrantless post-arrest search of his home. We affirm.

Warrantless searches incident to a lawful arrest are permitted under the Fourth Amendment for the purpose of finding weapons the arrestee might use or evidence the arrestee might conceal or destroy. See Chimel v. California, 395 U.S. 752, 762-63 , 89 S.Ct. 2034 , 23 L.Ed.2d 685 (1969). Where there is probable cause to arrest a suspect, agents may search both the suspect and “the area into which an arrestee might reach in order to grab a weapon or evidentiary item[ ],” id. at 763 , 89 S.Ct. 2034 , as long as the search of the container occurs at “about the same time as the arrest.” United States v. Anders-son, 813 F.2d 1450, 1456 (9th Cir.1987).

Neither party contests that this was a lawful arrest supported by valid probable cause. A box containing the handgun was “well within [Johnson’s] reach, and thus constituted a potential danger to the arresting officers.” United States v. Hudson, 100 F.3d 1409, 1419-20 (9th Cir.1996). While it is unclear whether he remained in the…