United States v. William Chadbourne Mitchell

GEE, Circuit Judge:

Mitchell appeals his conviction and five-year sentence for possessing marijuana with intent to distribute, 21 U.S.C. § 841(a)(1). The sole issues on this appeal concern the constitutional validity of a warrantless search of an automobile in which appellant was apprehended and in which the contraband was discovered. A panel of this court, though acknowledging the existence of probable cause to support the search, concluded that neither exigent circumstances nor the “border search” exception obtained and reversed Mitchell’s conviction. Believing the views expressed by our…