United States v. Brown

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT __________________ No. 96-40009 Summary Calendar __________________ UNITED STATES OF AMERICA, Plaintiff-Appellee, versus DEXTER BROWN, Defendant-Appellant. - - - - - - - - - - Appeal from the United States District Court for the Eastern District of Texas USDC No. 6:95-CR-4-1 - - - - - - - - - - June 13, 1996 Before HIGGINBOTHAM, DUHÉ, and EMILIO M. GARZA, Circuit Judges. PER CURIAM:* Dexter Brown appeals from the denial of his motion to suppress. He argues that the district court erred by refusing to suppress crack cocaine discovered in his vehicle, in a bag inside his passenger's purse, during a traffic stop. He contends that neither the initial traffic stop nor the subsequent prolonged detention were reasonable under the Fourth Amendment. He also challenges the warrantless search of his passenger's purse. The government does not question Brown’s standing to challenge the * Pursuant to Local Rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in Local Rule 47.5.4. No. 96-40009 -2- search of his passenger’s purse, and thereby waives what would appear to be a determinative issue. We have reviewed the record and find no reversible error. See Ornelas v. United States, ___ U.S. ___, 1996 WL 276414 (U.S. May 28, 1996). Accordingly, we AFFIRM the judgment for essentially the reasons given by the district court. AFFIRMED.