90 F.4th 904
7th Cir.2024Background
- Charles Hays was stopped by police in Illinois after observed traffic violations, with information suggesting he was involved in methamphetamine distribution.
- During the stop, the passenger (Tamera Wisnasky) was found with a pipe and suspected methamphetamine and was arrested.
- Hays was nervous and falsely identified the passenger; he admitted to a past drug conviction.
- Officers searched the interior of the car, found only a screwdriver in the center console, then searched under the hood (using the screwdriver) and found methamphetamine in the air filter.
- Hays moved to suppress the evidence as a Fourth Amendment violation; the district court denied the motion. Hays pled guilty, reserving his right to appeal the suppression ruling.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether officers had probable cause to search under the hood (including the air filter) for drugs under the automobile exception to the Fourth Amendment | Officers had probable cause to search entire car, including under hood, based on totality of circumstances | No probable cause to search under the hood/air filter; found drugs only on passenger, not in car/cabin | Probable cause existed under the automobile exception; search of air filter was lawful |
Key Cases Cited
- Carroll v. United States, 267 U.S. 132 (1925) (establishes the automobile exception for warrantless searches based on probable cause)
- Wyoming v. Houghton, 526 U.S. 295 (1999) (vehicle search justified where probable cause exists; no driver/passenger distinction)
- California v. Acevedo, 500 U.S. 565 (1991) (officers may search containers within a car if they have probable cause)
- United States v. Williams, 627 F.3d 247 (7th Cir. 2010) (probable cause permits search of vehicle compartments and containers)