Leon Lewis appeals his convictions for possession with intent to distribute heroin and possession of a firearm during a drug trafficking crime. See 21 U.S.C. § 841(a)(1) (1988); 18 U.S.C. § 924(e) (1988). Lewis also appeals his guidelines sentence. We affirm.
At about 2:30 a.m., two University City, Missouri police officers stopped a van owned and driven by Lewis. The officers placed Lewis under arrest for driving with a suspended driver’s license. The officers also searched the van’s interior and found a loaded handgun under the rear seat. Because no one was available to drive the van, the van was towed from the scene and impounded. About six hours later, two other officers searched the van at the University City police station. The officers discovered a box containing a large quantity of heroin valued at $125,000 hidden in the engine compartment.
Initially, Lewis contends the district court committed error in denying his motion to suppress the handgun and the heroin because the arresting officers lacked a reasonable basis to stop his vehicle. We disagree. It is well established that a police officer has probable cause to stop a vehicle’s driver for a traffic offense.
United States v. Cummins,
In a related argument, Lewis contends the district court should have granted his motion to suppress because the officers illegally searched his van at the scene and again at the police station. We cannot agree. Because Lewis does not challenge his arrest for driving with a suspended license, the search of the van’s interior was a proper warrantless search incident to Lewis’s lawful arrest.
United States v. Mays,
We also reject Lewis’s contention that the officers went beyond the scope of a permissible inventory search when they searched the van’s engine compartment. Because Lewis had a bag of cocaine in his shirt pocket when he was arrested, the officers had ample justification to search all areas of the van where personal property might be found, to protect the public from persons who might find contraband drugs in the van.
See South Dakota v. Opperman,
Lewis next contends the district court should have granted his motion for judgment of acquittal because the evidence at trial was insufficient to convict Lewis of the crimes charged. Our standard of review when considering the sufficiency of the evidence is well established and need not be repeated here.
See United States v. Brown,
*255
Lewis also contends that a remark made by the prosecutor during closing argument that the jury “would want police officers [to be doing what they were doing]” denied Lewis a fair trial. Because Lewis did not preserve this issue by making a timely objection, we may review only for plain error.
United States v. Burk,
Finally, Lewis contends the Government acted in bad faith by not moving for a substantial-assistance reduction to his sentence under U.S.S.G. § 5K1.1. A prosecutor’s refusal to file a substantial-assistance motion is renewable only when the defendant makes a substantial threshold showing that the refusal was based on an unconstitutional motive or that the refusal was irrational.
Wade v. United States,
— U.S. -, -,
Having carefully considered all of Lewis’s contentions, we affirm his convictions and his guidelines sentence.
