United States v. Freemyer

MEMORANDUM ** Jacob Freemyer appeals from the district court’s order denying his motion to suppress the evidence supporting his conviction for possession with intent to distribute cocaine, in violation of 21 U.S.C. § 841 (a)(1), on the grounds that the war-rantless search of his vehicle was invalid under the Fourth Amendment. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm. Under the automobile exception to the Fourth Amendment’s warrant requirement, officers may search an automobile without a warrant so long as they have probable cause. See California v. Acevedo, 500 U.S. 565, 569 , 111 S.Ct. 1982 , 114 L.Ed.2d 619 (1991); United States v. Ibar-ra, 345 F.3d 711, 715 (9th Cir.2003). Here, the district court correctly found that officers had probable cause to search Freemyer’s vehicle, see Ibarra, 345 F.3d at 716 , and the warrantless search was therefore valid under the automobile exception. See Maryland v. Dyson, 527 U.S. 465, 466-67 , 119 S.Ct. 2013 , 144 L.Ed.2d 442 (1999) (holding that the automobile exception has no separate exigency requirement). AFFIRMED. This disposition is not appropriate for publication and is not precedent except as provided by 9 th Cir. R. 36-3.