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U.S. v. OSIFE

No. 04-10172.

398 F.3d 1143 (2005)

UNITED STATES of America, Plaintiff-Appellee, v. Dale Juan OSIFE, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed February 22, 2005.

Attorney(s) appearing for the Case

Robert J. McWhirter, Federal Public Defender's Office, Phoenix, AZ, argued the cause for the appellant; Fredric F. Kay was on the briefs.

Mary Beth Pfister, United States Attorney's Office, Phoenix, AZ, argued the cause for the appellee; Paul K. Charlton and Michael T. Morrissey were on the brief.

Before: O'SCANNLAIN, COWEN, and BEA, Circuit Judges.

O'SCANNLAIN, Circuit Judge.

We must decide whether the Fourth Amendment permits police to search an automobile after arresting its recent occupant, even when evidence related to the crime is unlikely to be found.

I

On January 4, 2003, Dale Osife got out of his pickup truck in the parking lot of a grocery store in Phoenix, Arizona. He urinated on the ground next to his truck and then walked into the store. A woman standing in the parking lot called...

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