U.S. v. SHAKIR

No. 09-2665.

616 F.3d 315 (2010)

UNITED STATES of America v. Naim Nafis SHAKIR, a/k/a Naim Shakir a/k/a James Perry Naim Nafis Shakir, Appellant.

United States Court of Appeals, Third Circuit.

Filed August 10, 2010.


Attorney(s) appearing for the Case

Joseph F. Minni, [Argued], Office of United States Attorney, Philadelphia, PA, Attorney for Appellee.

Christy Unger, [Argued], David L. McColgin, James J. McHugh, Jr., Leigh M. Skipper, Brett G. Sweitzer, Defender Association of Philadelphia, Federal Court Division, Philadelphia, PA, Attorneys for Appellant.

Before FISHER, HARDIMAN and COWEN, Circuit Judges.


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...

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