United States of America v. Chad Stephen Wilson

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
v.
CHAD STEPHEN WILSON,
Defendant-Appellant.
No. 16-30252
D.C. No. 3:15-cr-00080-JO-1
MEMORANDUM*
Appeal from the United States District Court
for the District of Oregon
Robert E. Jones, District Judge, Presiding
Argued and Submitted March 5, 2018
Portland, Oregon
Before: N.R. SMITH and HURWITZ, Circuit Judges, and CURIEL,** District
Judge.
Chad Stephen Wilson was convicted of being a felon in possession of a
firearm in violation of 18 U.S.C. § 922(g)(1). His appeal challenges only the
district court’s order denying his motion to suppress. We have jurisdiction under
* This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.
** The Honorable Gonzalo P. Curiel, United States District Judge for the
Southern District of California, sitting by designation.
FILED
MAR 23 2018
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

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28 U.S.C. § 1291. We review the district court’s ruling de novo, but we review the
court’s underlying factual findings for clear error. United States v. Zapien, 861
F.3d 971, 974 (9th Cir. 2017). We affirm.
1. The warrantless search of Wilson’s drawstring backpack complied with
the Fourth Amendment as a reasonable protective search under Michigan v. Long,
463 U.S. 1032 (1983). At the time of the search, there was reasonable suspicion to
believe that Wilson (or Smith, another recent occupant of the vehicle that was
searched) was “dangerous and [could have] gain[ed] immediate control of
weapons.” Id. at 1049.
2. The warrantless search of Wilson’s drawstring backpack also complied
with the Fourth Amendment as a reasonable search incident to arrest under Arizona
v. Gant, 556 U.S. 332 (2009). Wilson was “unsecured and within reaching
distance of the passenger compartment at the time of the search.” Id. at 343.
Under such circumstances, the officers could conduct a warrantless search of the
backpack in the passenger compartment without violating the Fourth Amendment.
Id. at 345. The fact that the search occurred prior to Wilson’s arrest did not make
it unreasonable. At the time of the search, the officers possessed probable cause to
believe Wilson had unlawfully possessed a restricted weapon, and the search was
“roughly contemporaneous” with the arrest. United States v. Smith, 389 F.3d 944,
951–52 (9th Cir. 2004) (per curiam).

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AFFIRMED.

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