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KY: Search was justified by automobile exception, so Gant inapplicable

By John Wesley Hall, Jr.

The officer had probable cause to believe that defendant possessed crack when he was arrested after he got out of his car, so the car was subject to search under the automobile exception, and Gant had no application. McCloud v. Commonwealth, 2009 Ky. LEXIS 152 (June 25, 2009).* Defendant stopped in the middle of the road, so the officer could approach him and ask questions, which led to asking about whether there were drugs in the car, and defendant admitted there were. United States v. Williams, 2009 U.S. Dist. LEXIS 55450 (E.D. Mich. June 30, 2009)*: Here, Officer Watson approached a vehicle that was improperly parked in the middle of the road and asked the driver for identification. Officer Watson then asked Defendant if he had any marijuana in the vehicle with him and Defendant responded affirmatively...continue to full post

Full post as published by Fourth Amendment on July 05, 2009 (boomark / email).