The following excerpt is from U.S. v. Delos-Rios, 642 F.2d 42 (2nd Cir. 1981):
3 In view of our conclusion that the search was justified under the automobile exception to the warrant requirement, we need not consider the Government's alternative argument that the search was proper as incident to the arrest. See Chimel v. California, 395 U.S. 752, 763, 89 S.Ct. 2034, 2040, 23 L.Ed.2d 685 (1969).
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