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Name: United States v. Weaver
Case #: 04-50608
Court: US Court of Appeals
District 9 Cir
Opinion Date: 01/10/2006

Appellant Weaver was driving a vehicle, with her son and Herron as passengers. Herron was recognized by police who knew that he had outstanding warrants. The officers stopped the vehicle to arrest Herron. Appellant refused to consent to a search of the car. The officers called for a third officer to be present at the scene for the search. The officers found stolen checks in the car. The appellate court affirmed the district court’s denial of a motion to suppress evidence obtained as a result of a vehicle search. The court held that the warrantless search of the vehicle was lawful as a contemporaneous search incident to the custodial arrest of the passenger, where no intervening act occurred during a ten-to-fifteen-minute post-arrest, pre-search period during which an officer summoned a third officer for safety.