(DOWNLOAD) "Universal Mortgage Co. v. Prudential Insurance Co." by United States Court of Appeals for the Ninth Circuit * eBook PDF Kindle ePub Free
eBook details
- Title: Universal Mortgage Co. v. Prudential Insurance Co.
- Author : United States Court of Appeals for the Ninth Circuit
- Release Date : January 30, 1986
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 67 KB
Description
Edgar Salazar appeals his conviction on a conditional guilty plea for possession with intent to distribute a controlled substance in violation of 21 U.S.C. § 841(a)(1) (1982). The appeal involves one of the more technical distinctions that has evolved in enforcing the fourth amendments guaranty against unreasonable searches and seizures. Salazar contends that the district court erred in denying his motion to suppress the evidence found in a paper bag after a warrantless search. We hold that the district court erred when it found the search reasonable under the automobile exception to the requirement of a search warrant. Although the search may be justified as incident to an arrest, we reverse and remand in accordance with the views expressed in Giordenello v. United States, 357 U.S. 480, 2 L. Ed. 2d 1503, 78 S. Ct. 1245 (1958).