Sennings

United States v. Sennings

Good Law
914 F.2d 264
United States Court of Appeals for the Ninth CircuitSeptember 19, 199036-3_19California431 words

Opinion

Opinion

914 F.2d 264 Unpublished Disposition NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. UNITED STATES of America, Plaintiff-Appellee, v. Robert Carl SENNINGS, Defendant-Appellant. No. 89-10543. United States Court of Appeals, Ninth Circuit. Submitted Sept. 10, 1990. * Decided Sept. 19, 1990. Before CHAMBERS, FARRIS and DAVID R. THOMPSON, Circuit Judges. 1 MEMORANDUM ** 2 Robert Carl Sennings appeals the district court's refusal to suppress evidence obtained from Sennings' vehicle at the time of his arrest. We affirm. 3 "When a policeman has made a lawful custodial arrest of the occupant of an automobile, he may, as a contemporaneous incident of that arrest, search the passenger compartment of that automobile." New York v. Belton, 453 U.S. 454, 460 (1981). Defendant asks that we make an exception to this bright line rule and prohibit a warrantless search when the occupant has been placed in the patrol car and is no longer within reach of the vehicle. Even if we were inclined…

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