Académique Documents
Professionnel Documents
Culture Documents
No. 11-4513
Appeal from the United States District Court for the Western
District of North Carolina, at Charlotte.
Frank D. Whitney,
District Judge. (3:09-cr-00081-FDW-1)
Submitted:
Decided:
February 6, 2012
PER CURIAM:
Talvin Leak entered a conditional guilty plea, Fed. R.
Crim.
P.
11(a)(2),
to
possession
with
intent
to
distribute
district
appeal,
courts
Leaks
denial
counsel
filed
of
a
his
suppression
brief
pursuant
motion.
to
Anders
On
v.
are
no
meritorious
issues
for
appeal,
but
raising
the
the
traffic
stop
was
not
justified
because
the
warrant
before
purchase of narcotics.
responsive brief.
phoning
him
to
set
up
controlled
We affirm.
2
We
review
the
district
courts
factual
findings
Cir. 2005).
Leak contends that the 2008 search of the passenger
compartment
of
his
vehicle
by
Charlotte-Mecklenburg
police
Supreme
Court
held
that
[p]olice
may
search
In Gant,
a
vehicle
129 S. Ct. at
distance
of
the
passenger
compartment
and
it
was
reviewing
the
record,
we
find
that
Leaks
In
reliance
on
binding
appellate
precedent
are
not
At
the time that the officers searched Leaks vehicle, Gant had not
yet been decided, and our precedent permitted police to conduct
a search incident to arrest of the passenger compartment of a
vehicle even after its recent occupant had been arrested and
separated from the vehicle.
United
States
v.
Wilks,
647
F.3d
520
(4th
Cir.
2011)
We
therefore
affirm
the
district
courts
judgment.
may
move
representation.
in
this
court
for
leave
to
withdraw
from
contentions
the
court
are
adequately
and
argument
presented
would
not
in
aid
the
the
materials
decisional
process.
AFFIRMED