576 F. App'x 292
4th Cir.2014Background
- Davis, a front-seat passenger, was stopped for speeding; odor of marijuana and visible marijuana-like substance observed.
- Officer Cox spoke with the driver; a passenger door opened and closed during the stop.
- Davis exited, was searched for weapons, and the vehicle was searched, revealing vodka, cups, and a marijuana roach.
- Davis and driver were arrested for open container; Davis was transported to county jail while a bag remained under the car.
- Officer Smith later found a bag with Davis's name under the vehicle; bag contained narcotics, two handguns, and ID.
- District court denied suppression, ruling Davis abandoned the bag and had no expectation of privacy; Davis pled guilty to firearms count and appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the bag was lawfully seized and searched under automobile-probable-cause | Davis contends the bag's seizure was unlawful abandonment or privacy interest. | State argues probable cause to search car extended to bags and containers inside or belonging to passengers. | Search of bag was reasonable under Fourth Amendment. |
Key Cases Cited
- California v. Acevedo, 500 U.S. 565 (1991) (probable cause to search car extends to containers within)
- Wyoming v. Houghton, 526 U.S. 295 (1999) (containers outside vehicle may be searched with vehicle search)
- United States v. Carter, 300 F.3d 415 (4th Cir. 2002) (passenger belongings within vehicle search authority)