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No. 08-4572
Appeal from the United States District Court for the District of
South Carolina, at Florence.
Terry L. Wooten, District Judge.
(4:06-cr-00765-TLW-1)
Submitted:
TRAXLER,
Decided:
Circuit
Judges,
March 9, 2009
and
HAMILTON,
PER CURIAM:
Walter Fayall, III, was indicted for possession of a
firearm
by
convicted
922(g)(1) (2006).
felon,
in
violation
of
18
U.S.C.
evidentiary hearing.
to
appeal
the
denial
of
the
suppression
motion,
and
was
probable
cause
to
arrest
him
for
trespassing
that
the
ordinance
is
void
for
vagueness
under
He also
under
the
review
the
district
courts
factual
findings
who
is
validly
arrested
based
upon
probable
cause.
When an
probability,
and
not
prima
facie
showing,
of
[O]nly
criminal
Illinois v. Gates,
462 U.S. 213, 235 (1983) (internal quotation marks and citation
omitted).
of
conduct
sufficient
to
that
violates
constitute
presumptively
probable
cause,
valid
and
the
invalidate
possible
the
arrest
exception
and
of
any
incident
law
so
search,
grossly
with
and
the
flagrantly
The arresting
zone.
Upon
questioning,
accompanying
him
could
presence
the
property.
on
not
Fayall
state
any
Fayall
and
another
valid
would
individual
reason
not
for
respond
their
to
the
were
nearby.
parking
there
in
order
to
walk
along
the
strip
probability
trespassing
that
Fayall
ordinance.
was
violating
Because
the
the
ordinance
Myrtle
has
Beach
not
been
on
its
face,
the
validity
of
the
search
motion
to
suppress,
we
affirm
the
district
courts
contentions
are
adequately
4
presented
in
the
materials
before
the
court
and
argument
would
not
aid
the
decisional
process.
AFFIRMED