United States v. Phillip J. Robbins

64 F.3d 667 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. UNITED STATES of America, Plaintiff-Appellee, v. Phillip J. ROBBINS, Defendant-Appellant. No. 94-30045. United States Court of Appeals, Ninth Circuit. Argued and Submitted Aug. 7, 1995. Decided Aug. 17, 1995. Before: WRIGHT, BEEZER and HAWKINS, Circuit Judges. 1 MEMORANDUM * 2 A jury convicted Robbins of cocaine offenses in violation of 21 U.S.C. Secs. 846 , 841(a) and 841(b)(1)(B). He appeals his conviction and sentence. We have jurisdiction pursuant to 28 U.S.C. Sec. 1291 . We affirm. 1. Legality of the Search 3 The police may search a vehicle without first obtaining a warrant if they have probable cause to believe that it contains evidence of a crime. United States v. Hatley, 15 F.3d 856, 858 (9th Cir.1994). This exception to the warrant requirement does not apply when there is no exigency at the time of the search. Coolidge v. New Hampshire, 403 U.S. 443, 462 (1971) (plurality opinion). 4 While conceding that…