United States v. Scott, No. 11-10529 (9th Cir. 2012)Annotate this Case
Defendant was arrested and charged with possession of a controlled substance and a firearm. Defendant moved to suppress evidence of these crimes that was discovered in the subsequent warrantless search of his car. The government presented its substantive arguments orally at the suppression hearing and in its written response to the magistrate judge's Report, and therefore the court held that those arguments were preserved for appeal. Moreover, because the police had probable cause to suspect that evidence of a crime would be found in defendant's car, which had the potential for mobility and was being used as a licensed motor vehicle, the court held that the government's warrantless search of defendant's car was permissible under the automobile exception to the warrant requirement. Therefore, defendant's motion to suppress should not have been granted and the court reversed the judgment.