United States v. Bolton

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 97-51075 Summary Calendar UNITED STATES OF AMERICA, Plaintiff-Appellee, versus TINA McDANIEL BOLTON, Defendant-Appellant. - - - - - - - - - - Appeal from the United States District Court for the Western District of Texas USDC No. MO-96-CR-132-ALL - - - - - - - - - - September 15, 1998 Before HIGGINBOTHAM, JONES, and DENNIS, Circuit Judges PER CURIAM:* Tina McDaniel Bolton appeals the district court’s denial of her motion to suppress evidence seized during an inventory search of her vehicle by state officers. Bolton contends her detention while an officer drove to the scene and her arrest were pretextual, that the search was unconstitutional under Texas law, and that the inventory search was a ruse for an investigatory search. Her claim that the arrest and detention were pretextual is without merit. * Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR. R. 47.5.4. 1 No. 97-51075 -2- United States v. Causey, 834 F.2d 1179, 1185 (5th Cir. 1987) (en banc). In determining the admissibility of evidence in a federal court, the violation of state law in obtaining such evidence is irrelevant. United States v. Walker, 960 F.2d 409, 415 (5th Cir. 1992). Finally, as the inventory search was conducted according to the established procedure of the Odessa Police Department, officer did not run afoul of the Fourth Amendment. Florida v. Wells, 495 U.S. 1, 4-5 (1990). AFFIRMED. 2