Warrantless Search

By: Derek Hawkins//March 4, 2019//

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7^th Circuit Court of Appeals

Case Name: United States of America v. Travis S. Vaccaro

Case No.: 18-1753

Officials: WOOD, Chief Judge, and RIPPLE, and BARRETT, Circuit Judges.

Focus: Warrantless Search

Travis Vaccaro entered a conditional guilty plea to possessing a firearm as a felon, 18 U.S.C. § 922(g), preserving his right to appeal the denial of his motion to suppress the gun. Vaccaro contests both the pat‐down search that occurred seconds after police officers pulled over his car and the search of the car that yielded the gun. The pat‐ down was lawful under Terry v. Ohio, 392 U.S. 1 (1968). The sweep of the car, which the district court upheld under Michigan v. Long, 463 U.S. 1032 (1983), is a closer call, but we conclude that it too was permissible. Accordingly, we affirm.

Affirmed

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Derek A Hawkins is trademark corporate counsel for Harley-Davidson. Hawkins oversees the prosecution and maintenance of the Harley-Davidson’s international trademark portfolio in emerging markets.

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