Rozuk

United States v. Rozuk

Good Law
172 F. App'x 736
United States Court of Appeals for the Ninth CircuitMarch 2, 2006No. 05-50526California325 words

Opinion

Lead Opinion

MEMORANDUM **

Lucy Carmona Rozuk (“Rozuk”) challenges the district court’s denial of her motion to suppress evidence seized from her purse during a stop in which the driver was arrested for driving a stolen car in which Rozuk was a passenger. We affirm.

First, the search of the purse was permissible under New York v. Belton, 1 which permits an officer who has made a lawful arrest to search the passenger compartment of the vehicle and allows that “the police may also examine the contents of any containers found within the passenger compartment.” 2 There is no doubt that the officer’s stop and arrest of Rozuk’s male companion was legitimate, because he was driving a car that was reported stolen. The fact that Rozuk did not take her purse out of the car when ordered to exit the vehicle is irrelevant; the officers could have believed that the purse *738 held such evidence as title to the car, keys, service records, or identity of the owner.

Second, even if Belton were insufficient, such a search is appropriate under Wyoming v. Houghton. 3 Houghton holds that “police officers with probable cause to search a car may inspect the passengers’ belongings found in the car that are capable…

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