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United States Fourth Circuit


US v. Kelly, 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 12/03/2009
  • Decided 01/28/2010
  • Published 01/28/2010

Judges

  • Before WILKINSON, SHEDD, and AGEE, Circuit Judges.

Court

  • United States Fourth Circuit

Counsel

  • For Appellees:
  • ARGUED:Jon Michael Babineau, Riddick Babineau, PC, Suffolk, Virginia, for Appellant. Sherrie Scott Capotosto, Office of the United States Attorney, Norfolk, Virginia, for Appellee. ON BRIEF:Dana J. Boente, Acting United States Attorney, Alexandria, Virginia, for Appellee.
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