United States v. Shakir

OPINION OF THE COURT

HARDIMAN, Circuit Judge.

In this appeal we consider the legality of a warrantless search incident to arrest in light of the Supreme Court’s decision in Arizona v. Gant, — U.S.—, 129 S.Ct. 1710, 173 L.Ed.2d 485 (2009).

I

On May 22, 2007, a Pennsylvania state magistrate judge issued an arrest warrant for Naim Nafis Shakir, who police believed was involved in an armed robbery of a PNC Bank a month earlier. The warrant was promptly entered into the database of the National Crime Information Center and came to the attention of Federal Bureau of Investigation agents in…