UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

JOHN ASFOUR,

Plaintiff-Appellant,

v. No. 96-2132

C. M. COSSLETT,

Defendant-Appellee.

Appeal from the United States District Court

for the Eastern District of Virginia, at Alexandria.

T. S. Ellis, III, District Judge.

(CA-96-184-A)

Submitted: September 9, 1997

Decided: September 29, 1997

Before HALL, WILLIAMS, and MOTZ, Circuit Judges.

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Affirmed by unpublished per curiam opinion.

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COUNSEL

Richard E. Gardiner, Fairfax, Virginia, for Appellant. James S. Gilmore, III, Attorney General of Virginia, Catherine C. Hammond,

Deputy Attorney General, Peter R. Messitt, Senior Assistant Attorney

General, Richmond, Virginia, for Appellee.

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Unpublished opinions are not binding precedent in this circuit. See

Local Rule 36(c).
OPINION

PER CURIAM:

John Asfour appeals the district court's order granting summary

judgment to Virginia State Police Trooper C. M. Cosslett. The district

court found that Cosslett was entitled to qualified immunity in connection with actions he took incident to a traffic stop of Asfour's

vehicle. Finding no error, we affirm.

I

Asfour was driving a van on Interstate 95 when Trooper Cosslett

stopped him for speeding. In plain view on the console of Asfour's

van was a "ninja keychain," a metal shaft with two blunt-end spikes

protruding from the shaft. In his affidavit, Asfour admits that a ninja

keychain may be used as a weapon by gripping the device in a fist

so that the two spikes protrude on either side of the middle finger,

extending about one inch beyond the fingers.

When he saw the keychain, Trooper Cosslett informed Asfour that

it was an illegal weapon in Virginia. He then conducted a search of

the van, seizing the keychain and two firearms concealed in the van.

Criminal charges against Asfour ultimately were dismissed.

Asfour brought this 42 U.S.C. § 1983 (1994) action against

Trooper Cosslett, claiming that the warrantless search of his van and

the seizure of the keychain and guns violated his Fourth and Fourteenth Amendment rights to be free from unreasonable searches and

seizures. Trooper Cosslett claimed entitlement to qualified immunity.

Following a hearing on the parties' cross motions for summary

judgment, the district court ruled from the bench that Trooper Cosslett

was entitled to qualified immunity. Pivotal to the court's ruling was

the finding that Trooper Cosslett was objectively reasonable in believing that the ninja keychain was an illegal weapon in Virginia. The

court concluded that the subsequent search and seizures were proper,

given this reasonable belief. The court therefore entered judgment for

Trooper Cosslett. Asfour timely appealed.

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II

We review de novo the district court's award of summary judgment. See Pritchett v. Alford, 973 F.2d 307, 313 (4th Cir. 1992). To

determine whether an officer's conduct is immunized, we employ a

three-step analysis. First, we identify the specific constitutional right

allegedly violated. Next, we determine whether at the time of the

alleged violation the right was clearly established. Finally, if the right

was clearly established, we determine whether a reasonable person in

the officer's position would have known that his actions violated that

right. See Jean v. Collins, 107 F.3d 1111, 1114 (4th Cir. 1997).

This case meets the first two criteria. Warrantless searches are

unreasonable under the Fourth Amendment, subject to certain wellrecognized exceptions. See United States v. Milton, 52 F.3d 78, 80

(4th Cir.), cert. denied, ___ U.S. ___, 64 U.S.L.W. 3246 (U.S. Oct.

2, 1995) (No. 95-5231). The initial stop and temporary detention of

a motorist are justified if he has committed a traffic violation. See

Whren v. United States, ___ U.S. ___, 64 U.S.L.W. 4409 (U.S. June

10, 1996) (No. 95-5841). A viewing position of the interior of a vehicle obtained during a proper traffic stop does not offend the Fourth

Amendment. See Weaver v. Williams, 509 F.2d 884, 886 (4th Cir.

1975). Once an officer sees contraband inside a vehicle, he has probable cause to arrest the offender and may conduct a further search of

the car. See New York v. Belton, 453 U.S. 454, 460-63 (1981); Chimel

v. California, 395 U.S. 752, 762-63 (1969). And it is irrelevant

whether the suspect is informed before, or immediately after, the

search that he is subject to arrest. See Rawlings v. Kentucky, 448 U.S.

98, 111 (1980).

The dispute in this case centers on whether a reasonable officer in

Trooper Cosslett's position would have believed the ninja keychain

to be contraband. The relevant statute makes it illegal to possess various items, including "brass or metal knucks . . . or like weapons." Va.

Code Ann. § 18.2-311 (Michie 1996). Asfour asserts that the keychain is so obviously different from brass knucks that it does not fall

under the statute and that a reasonable officer would have recognized

this. He cites no authority in support of his argument.

We disagree with his position. The ninja keychains are just the sort

of "like weapons" contemplated by § 18.2-311. Asfour himself admits

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in his affidavit that such keychains are weapons, and he describes

how they are used. Like brass knucks, they are held in the fist and

meant to inflict more harm than an ordinary fist could cause. This certainly qualifies them as "like weapons" under the statute.

III

A reasonable officer in Trooper Cosslett's position would have

believed the ninja keychain to be contraband under Virginia law.

Trooper Cosslett therefore was entitled to qualified immunity in connection with the search of the van and the seizure of the keychain and

guns. Accordingly, we affirm the district court's order. We dispense

with oral argument because the facts and legal contentions are adequately presented in the material before the court and argument would

not aid the decisional process.

AFFIRMED

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