Aguilar

United States v. Aguilar

Good Law
338 F. App'x 736
United States Court of Appeals for the Ninth CircuitJuly 29, 2009No. 08-50155California972 words

Opinion

Lead Opinion

MEMORANDUM *

Defendant-Appellant Javier Contreras-Aguilar (“Aguilar”) appeals his conviction for the possession of 100 kilograms or more of marijuana with the intent to distribute, in violation of 21 U.S.C. § 841 (a)(1) and 18 U.S.C. § 2 . Aguilar argues that the district court erred in failing to suppress over 1800 pounds of marijuana that federal agents seized during warrant-less searches of two motor homes, one of which was registered to Aguilar. For the reasons discussed below, we affirm.

1. Under the “vehicle exception” to the warrant requirement, government officials may validly search a defendant’s vehicle without first obtaining a warrant, provided that the search is supported by probable cause. See California v. Carney, 471 U.S. 386, 390, 394 , 105 S.Ct. 2066 , 85 L.Ed.2d 406 (1985) (citing Carroll v. United States, 267 U.S. 132 , 45 S.Ct. 280 , 69 L.Ed. 543 (1925)). In Carney , the Supreme Court suggested a non-exclusive list of factors that are relevant to the determination whether the vehicle exception applies to a motor home located in a place, such as a eampground, typically used for temporary residential purposes. See id. at 394 n. 3, 105 S.Ct. 2066 . Those…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.