State of Missouri v. Kraig J. Walker, 460 S.W.3d 81

Police stopped a white Dodge Charger after the driver (Walker) nearly collided with another vehicle and was reported by a bail bondsman to be transporting a wanted felon (Damien).
Sergeant Payne observed suspicious arm movements by Walker and, fearing a weapon, drew his gun; officers found a handgun on the driver-side floorboard.
Officers removed Damien from the rear seat (he had an outstanding felony warrant) and a passenger (Lindsay); Lindsay had a small baggie with white shards that appeared to be methamphetamine.
Officer Kolb searched the passenger compartment (initially near the gun) and then the rest of the vehicle, finding loose marijuana on the floor, many small baggies in the console, and in the trunk a backpack containing a digital scale, baggies, and marijuana; Walker had a large amount of cash on his person.
Walker was charged with possession with intent to distribute; he moved to suppress the physical evidence. The trial court suppressed under Arizona v. Gant (search incident to arrest analysis) but did not address the State’s automobile-exception argument.
The Missouri Court of Appeals reversed and remanded, holding the trial court erred by failing to consider whether the automobile exception justified the warrantless vehicle search.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the warrantless search of Walker's vehicle was lawful	Search was valid under the automobile exception because totality of facts (near-accident, evasive conduct, weapon at feet, passenger with outstanding felony warrant, apparent narcotics) created probable cause to search for contraband and exigency exists for vehicles	Search violated Gant; search-incident-to-arrest does not apply and evidence should be suppressed	Court held the trial court erred by resolving only under Gant; reversed and remanded for the trial court to determine whether, on the record and credibility findings, probable cause existed to justify the search under the automobile exception

Arizona v. Gant, 556 U.S. 332 (2009) (limits vehicle searches incident to arrest to situations where arrestee is within reaching distance or vehicle likely contains evidence of the offense of arrest)
United States v. Ross, 456 U.S. 798 (1982) (if probable cause to search a vehicle exists, officers may search any area in which evidence might be found)
State v. Milliorn, 794 S.W.2d 181 (Mo. banc 1990) (probable cause in automobile context requires facts that would lead a reasonably prudent person to believe vehicle contains contraband)
State v. Middleton, 995 S.W.2d 443 (Mo. banc 1999) (automobile exception permits vehicle searches when probable cause exists and exigency is present because vehicle mobility)
State v. Lane, 937 S.W.2d 721 (Mo. banc 1997) (probable cause to search a lawfully stopped vehicle justifies searching any part of the vehicle that may contain the object of the search)