U.S. v. Salazar

In prosecution on unlawful possession of firearm charge, Dist. Ct. did not err in denying defendant’s motion to suppress warrantless seizure of firearm that was located in nearby jacket at time of defendant’s arrest. Record showed that defendant was handcuffed at time police discovered firearm in said jacket. While defendant argued that Dist. Ct. erred in finding that seizure was lawful as seizure incident to his arrest because he was handcuffed at time of search, and because in order for there to be lawful search incident to arrest, he must be “unsecured,” Dist. Ct. could properly find that jacket posed danger to arresting officers, where defendant, although cuffed, was standing next to jacket, and where defendant seemed agitated at time of arrest, and thus defendant could have lunged for jacket. As such, instant search of jacket was reasonable.