United States v. Charles Gary

HAMILTON, Circuit Judge.

Defendant Charles Gary appeals from his conviction for conspiracy to distribute heroin after a jury trial. He appeals, challenging only the district court’s denial of a motion to suppress evidence obtained as a result of his arrest. Gary argues that he was seized without probable cause following a traffic stop and that the cell phone and drug evidence obtained as a result of his arrest was obtained unlawfully. He also argues that even if the arrest was valid, the search of his cell phone exceeded the scope of a lawful search incident to arrest. For both reasons, Gary…