United States v. Davis
United States Court of Appeals for the Eighth Circuit
569 F.3d 813 (2009)
An officer stopped Uneal Davis (defendant) for speeding, smelled marijuana, and had him step out for a pat-down that turned up a bag of marijuana in his pocket; Davis was then arrested and placed in the patrol car. The officer removed the vehicle's three passengers and searched the car, finding a loaded handgun and open beer bottles. Davis was charged with unlawful possession of a firearm and moved to suppress the gun as the product of an unconstitutional warrantless search; the district court denied the motion, and Davis pleaded guilty conditioned on his right to appeal.
Whether the Fourth Amendment prohibits warrantless searches and seizures of a vehicle unless the search is conducted incident to arrest or falls within the automobile exception.