United States v. Clark

* Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not be
published and is not precedent except under the limited circumstances set forth in 5TH CIR.
R. 47.5.4.
United States Court of Appeals
Fifth Circuit
F I L E D
December 3, 2003
Charles R. Fulbruge III
Clerk
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 03-60377
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-
Appellee,
versus
ELIZAH CLARK, also known as Elijah Clark,
Defendant-
Appellant.
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Appeal from the United States District Court
for the Southern District of Mississippi
USDC No. 5:02-CR-19-1-BrS
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Before SMITH, DEMOSS and STEWART, Circuit Judges.
PER CURIAM:*
Elizah Clark appeals his conditional guilty-plea conviction for possession of a firearm by a
convicted felon. He argues that the district court erred in denying his motion to suppress evidence
obtained during a search incident to a traffic stop. He argues that because the officer did not have
probable cause for the stop, the subsequent search and seizure of evidence were illegal.

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-2-
Our review of the record and the parties’ arguments convinces us that the district court did
not err in denying the motion to suppress. United States v. Orozco, 191 F.3d 578, 581 (5th Cir.
1999). The officer testified that he stopped Clark’s vehicle on the basis of a perceived traffic
violation, i.e., improper windshield tinting, creating sufficient probable cause to support the initial
stop. Whren v. United States, 517 U.S. 806, 810 (1996); Terry v. Ohio, 392 U.S. 1, 21 (1968).
Moreover, Clark does not contend that his continued detention following the determination
that he was operating the vehicle without a driver’s license was improper. Nor does he dispute the
district court’s finding that he consented to a search of his vehicle. Accordingly, the judgment of the
district court is AFFIRMED.

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