US v. Kelly, No. 08-4982 - U.S. Fourth Circuit
U.S. Fourth Circuit - The FindLaw 4th Circuit Court of Appeals Opinion Summaries Blog

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.     

Read US v. Kelly, No. 08-4982

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