How has the court interpreted the finding that arrest was not pretext to search?

Although the arresting officer did acknowledge that he was aware of counterfeit bills in the area, the district court credited his testimony that appellants were arrested exclusively as a result of their municipal code infraction of operating without a business license. Appellants argue that this finding was erroneous based solely on the fact that they were arrested for a minor infraction, and the subsequent search uncovered evidence of their commission of a felony. While these circumstances might raise a suspicion of pretext, they do not suffice to demonstrate that the district court clearly erred in its factual finding. See United States v. Huffhines, 967 F.2d 314, 317-18 (9th Cir.1992) (arresting officer's failure to follow ordinary cite and release procedure insufficient to show clear error in district court's conclusion that arrest was not pretext to search).

Appellants next contend that the search which uncovered the counterfeit bills was unconstitutional. The government defends the search as a valid search incident to the arrest of the appellants. In appraising the validity of a search incident to arrest, we "review de novo the application of established facts to legal standards." United States v. Turner, 926 F.2d 883, 887 (9th Cir.), cert. denied, --- U.S. ----, 112 S.Ct. 103, 116 L.Ed.2d 73 (1991).