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Name: United States v. Osife
Case #: 04-10172
Court: US Court of Appeals
District 9 Cir
Opinion Date: 02/22/2005
Summary

Osife was arrested for public urination, which occurred on the ground next to his truck. Police searched the truck and found a firearm. A records check showed that the gun was stolen and that appellant had a prior felony conviction. The court denied Osife’s motion to suppress the gun, finding that the search was incident to the arrest. On appeal, Osife argued that the search of the truck was not reasonably aimed at discovering evidence related to the crime for which he was arrested. The appellate court rejected the argument and affirmed. Under Belton, when police arrest the occupant of a vehicle, they may search the entire passenger area whether or not there is a reasonable chance of finding a weapon or evidence of the crime for which the occupant was arrested. The court rejected Osife’s argument that the Supreme Court’s decision in Thornton v. United States restricts the holding of Belton to cases in which it is reasonable to believe that there is evidence related to the crime for which the defendant is arrested.