United States v. Diaz, No. 15-3776 (2d Cir. 2017)Annotate this Case
Defendant was found guilty of possessing a firearm as a previously convicted felon. At issue was whether the district court erred in denying defendant's motion to suppress the gun on Fourth Amendment grounds. The court concluded that the district court did not err by suppressing the motion because the officer had probable cause to arrest defendant inasmuch as she had a reasonable belief that an apartment‐building stairwell is a public place for purposes of the open‐container law and that defendant was violating that law. Therefore, the warrantless search was a lawful search incident to arrest, even though the officer testified that before finding the gun she intended only to issue a summons, not to make an arrest. Accordingly, the court affirmed the judgment.