Professional Documents
Culture Documents
No. 11-4093
Appeal from the United States District Court for the District of
South Carolina, at Florence.
Terry L. Wooten, District Judge.
(4:10-cr-00605-TLW-1)
Submitted:
Decided:
James P. Rogers,
South Carolina,
States Attorney,
States Attorneys,
PER CURIAM:
Gerald
Lee
Cunningham
pled
guilty,
pursuant
to
18
U.S.C.A.
sentenced
to
agreement,
district
2319(b)(1)
fifteen
Cunningham
courts
(West
Supp.
2011),
months
imprisonment.
reserved
the
denial
of
the
right
motion
In
to
to
and
was
the
plea
challenge
suppress
the
evidence
We
affirm.
In
reviewing
the
district
courts
denial
of
for
clear
States
v.
error
Blake,
and
571
its
legal
F.3d
331,
conclusions
338
(4th
de
Cir.
novo.
2009).
evidence
in
the
light
most
favorable
to
the
Government.
United States v. Farrior, 535 F.3d 210, 217 (4th Cir. 2008).
We
be
secure
in
their
persons,
houses,
papers,
and
effects,
IV.
not
bear
on
every
encounter
between
police
officer
and
United
A seizure
United
vehicle
and
speaking
with
known
drug
dealer.
After
encounter
between
Cunningham
and
the
officers
was
Cunningham
finding
that
vehicle.
between
he
also
challenges
voluntarily
the
consented
to
district
the
courts
search
of
the
and
the
officers
confirm
that
Cunningham
consented to the search of the vehicle and that such consent was
voluntarily given.
647,
650
(4th
Cir.
1996)
(en
banc)
(listing
factors
search
the
vehicle
was
valid,
law
enforcement
was
not
Again, we disagree.
search
permits
the
opening
of
closed
but
unlocked
States
v.
Gant,
112
F.3d
4
239,
243
(6th
Cir.
1997)
Cunningham
the
contents
of
the
bags
and
box
readily
appeared
1105, 1109 (4th Cir. 1997) (stating that the warrantless seizure
of
incriminating
evidence
is
authorized
under
the
plain-view
We dispense
with oral argument because the facts and legal contentions are
adequately
presented
in
the
materials
before
the
court
and
AFFIRMED