United States v. Cherry Yolanda Wheatley

981 F.2d 1261 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Cherry Yolanda WHEATLEY, Defendant-Appellant. No. 90-50171. United States Court of Appeals, Ninth Circuit. Argued and Submitted Oct. 5, 1992. Decided Dec. 28, 1992. Before HUG, FLETCHER and BRUNETTI, Circuit Judges. 1 MEMORANDUM * 2 Appellant Cherry Yolanda Wheatley ("Wheatley") timely appeals her convictions for possession with intent to distribute a controlled substance and distribution of a controlled substance in violation of 21 U.S.C. § 841 (a)(1). Wheatley's primary argument is that the law enforcement officers lacked probable cause to arrest her; therefore, the district court should have granted her motion to suppress the evidence discovered in her purse and on her person in the search incident to her arrest. Because we reverse on this issue, we need not address the other issues raised by Wheatley. 3 We review a district court's finding of probable…