U.S. v. Harris

In prosecution on various fraud charges arising out of defendant’s unauthorized use of existing credit cards, Dist. Ct. did not err in denying defendant’s motion to suppress notebook containing credit card and Social Security numbers of victims, where said evidence was seized from defendant’s vehicle during arrests of both defendant and his passenger. Instant warrantless seizure was permissible under automobile exception to warrant requirement under 4th Amendment, where: (1) there was basis for officer to believe that evidence of identity theft was contained in defendant’s vehicle given fact that passenger had just been arrested and caught with multiple credit cards that were not in her name after passenger had attempted to obtain cash from bank through tender of one such card; and (2) passenger’s apparent mode of transportation to said bank was defendant’s vehicle. Ct. further noted that result would be same even if defendant could show that his own arrest was illegal.