United States v. Salas — 9th Cir. (Oct 19, 2026)
The Ninth Circuit considers a car search underlying a conviction for being a felon in possession of a firearm. An officer in training said he saw a glass pipe during a traffic stop, but mistook it for a lawful marijuana accessory. The pipe was later identified as methamphetamine paraphernalia. The district judge credited the officer's testimony and upheld the search despite his mistaken understanding of the pipe. The defense will dispute the pipe's visibility and argue that the search must be judged on facts the officer actually understood at the time. The government will defend the search based on what a reasonable officer would have recognized. Probable cause to search means a fair probability that contraband or evidence of a crime will be found. Under the automobile exception, probable cause can allow a car search without a warrant. California law adds another issue: specified lawful cannabis conduct cannot itself be a basis for detention, search or arrest. The argument also tests whether federal drug law can justify a search by state officers despite that state-law restriction.
United States v. Salas (No. 25-3813) — U.S. Court of Appeals for the Ninth Circuit, argued October 19, 2026.
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