Home -> Law Blog Directory -> Criminal Law Blogs -> Fourth Circuit Blog

Criminal Law

: Fourth Circuit Blog

Court Declines to Find Exception to Auto Exception

By Jonathan Byrne

US v. Kelly: Kelly was the subject of an investigation into drug dealing in the Hampton Roads, Virginia, area. Officers obtained a warrant to search Kelly's home, although not any vehicles that were there. When police executed the search warrant, a green Lexus that was known to be Kelly's was one of three vehicles outside the house. When Kelly was told that a drug dog was on its way, he acknowledge that there were drugs in one or more of the vehicles, but did not specify which ones. The drug dog alerted at the Lexus's driver's door, but a search of the passenger compartment revealed nothing. Officers then searched the trunk, in which they found cocaine and ecstasy. Kelly sought to suppress that evidence, but the district court concluded that there was probable cause to believe there were drugs in the Lexus, including in the trunk, and that no warrant was required under the automobile exception...continue to full post

Full post as published by Fourth Circuit Blog on February 08, 2010 (boomark / email).