Camacho v. State, 119 Nev. 395

Summary

The Supreme Court of Nevada affirmed Ruben Camacho’s conviction after concluding that police could not search his vehicle incident to arrest without both probable cause and exigent circumstances under the Nevada Constitution. The court nevertheless held that the methamphetamine discovered in the vehicle was admissible under the inevitable-discovery exception because the vehicle was lawfully seized and would have been inventoried pursuant to department policy.

Holdings

1. Under the Nevada Constitution, police may not conduct a warrantless search of an automobile incident to a lawful custodial arrest unless both probable cause and exigent circumstances exist.
2. Evidence discovered during an unlawful initial vehicle search remains admissible when the State proves by a preponderance of the evidence that the evidence would inevitably have been discovered through a lawful inventory search.

Questions Presented

1. Whether the Nevada Constitution permits a warrantless search of an automobile incident to a lawful custodial arrest when police have probable cause but no exigent circumstances.
2. Whether the evidence discovered during the warrantless vehicle search was admissible under the inevitable-discovery exception because the vehicle was lawfully seized and would have been inventoried.

Disposition

affirmed