Weaver

I. Factual and Procedural Background

On May 23, 2001, Sergeant Hignight (“Hignight”) of the Riverside County Sheriff’s Department was driving an unmarked sheriff’s vehicle when he recognized Adam Herron (“Herron”) in the passenger seat of a vehicle that had pulled up next to Hignight. The car was driven by an unknown female later identified as Hollie Lynn Weaver (“Weaver”). Herron’s son Tyler was in the back seat. Hignight recognized Herron and knew that there were outstanding warrants for Herron’s arrest. Hignight also knew that Herron was under investigation concerning a box of stolen checks. Hignight summoned another officer in a marked patrol car and asked him to make a traffic stop of the subject vehicle.

After making the traffic stop, Hignight and the other officer ordered Herron from Weaver’s car, arrested him, handcuffed 208 UNITED STATES v. WEAVER him, and placed him in the back seat of the marked patrol car. Weaver and Tyler exited the vehicle at Hignight’s direction and sat on the curb. Weaver refused to consent to a search of her car. Hignight informed Weaver that he would search the car over her protest, but said that he had to await the arrival of…