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UNITED STATES v. MORGAN

No. 85-1319.

799 F.2d 467 (1986)

UNITED STATES of America, Plaintiff-Appellee, v. Donald Newbren MORGAN, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided August 19, 1986.

Attorney(s) appearing for the Case

John Kennedy, Asst. U.S. Atty., Sacramento, Cal., for plaintiff-appellee.

Robert M. Holley, Asst. Federal Public Defender, Sacramento, Cal., for defendant-appellant.

Before PREGERSON, POOLE, and NOONAN, Circuit Judges.

PREGERSON, Circuit Judge.

Donald Morgan appeals his conviction for unarmed robbery of a savings and loan in violation of 18 U.S.C. § 2113(a). The district court denied Morgan's motion to suppress evidence obtained through a warrantless search prior to formal arrest. The district court concluded that the search was valid as incident to arrest because, before the search occurred, the police officer had probable cause to arrest Morgan. We affirm.

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