United States v. Hollie Lynn Weaver, A/K/A Hollie Lynn Brawner (Maiden Name)

Hollie Lynn Weaver appeals the district court’s denial of her motion to suppress evidence related to her conviction for embezzlement of mail matter by a postal employee in violation of 18 U.S.C. § 1709 . We have jurisdiction over this appeal pursuant to 28 U.S.C. § 1291 . Because we conclude that the warrantless search of Weaver’s vehicle was a contemporaneous incident of the custodial arrest of one of Weaver’s two passengers, we affirm.

I. Factual and Procedural Background

On May 23, 2001, Sergeant Hignight (“Hignight”) of the Riverside County Sheriffs Department was driving an unmarked sheriffs 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,…