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UNITED STATES v. DAVIS

No. 20-4035.

997 F.3d 191 (2021)

UNITED STATES of America, Plaintiff-Appellee, v. Howard DAVIS, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: May 7, 2021.

Attorney(s) appearing for the Case

Marvin D. Miller , THE LAW OFFICES OF MARVIN D. MILLER, Alexandria, Virginia, for Appellant. Joshua L. Rogers , OFFICE OF THE UNITED STATES ATTORNEY, Raleigh, North Carolina, for Appellee. ON BRIEF: Robert J. Higdon, Jr. , United States Attorney, Jennifer P. May-Parker , Assistant United States Attorney, Gabriel J. Diaz , Assistant United States Attorney, OFFICE OF THE UNITED STATES ATTORNEY, Raleigh, North Carolina, for Appellee.

Reversed and remanded by published opinion. Judge Wynn wrote the opinion, in which Chief Judge Gregory and Judge Thacker joined.

In Arizona v. Gant, the Supreme Court held that incident to an arrest, a vehicle may be searched without a warrant if it was reasonable for the police to believe that the arrestee "could have accessed his car at the time of the search." 556 U.S. 332, 344, 129 S.Ct. 1710...

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