US v. Kelly, No. 08-4982
Defendant's convictions for conspiracy to distribute and possess drugs and related crimes is affirmed as the automobile exception does not have any exigency requirement apart form the inherent mobility of the automobile, and thus, if the police have probable cause, the justification to conduct a warrantless search does not vanish once the police have established some degree of control over the automobile. Defendant's remaining claims are rejected as without merit.
Appellate Information
Argued: December 3, 2009
Decided: January 28, 2010
Judges
Opinion by Chief Judge Wilkinson
Counsel
For Appellant: Jon Michael Babineau, Riddick Babineau PC
For Appellee: Sherrie Scott Capotosto, Office of the US Attorney