This Court subsequently adopted the probable cause plus exigent circumstances standard for warrantless searches of automobiles. See Lawson v. State, 1971 OK CR 184, ¶ 8, 484 P.2d 1337, 1339; Norton v. State, 1972 OK CR 261, ¶ 7-8, 501 P.2d 877, 879-80; Gonzales v. State, 1974 OK CR 133, ¶ 11, 525 P.2d 656, 658; Hughes v. State, 1976 OK CR 164, ¶¶ 6-8, 552 P.2d 1154, 1155-56; Whitehead v. State, 1976 OK CR 35, ¶ 4, 546 P.2d 273, 275-76; Blackburn v. State, 1978 OK CR 24, ¶ 22, 575 P.2d 638, 642; Phelps v. State, 1979 OK CR 76, ¶ 10, 598 P.2d 254, 257-58; Davis v. State, 1980 OK CR 114, ¶ 4, 620 P.2d 1346, 1347. ¶ 9 However, in 1982, the Supreme Court recognized that a separate exigency requirement was not necessary in the case of an automobile search and determined that probable cause alone was sufficient to support a warrantless search of an automobile.
Probable cause exists where the facts preceding the search are sufficient to warrant an officer to reasonably infer contraband is within the vehicle. Gonzales v. State, 525 P.2d 656, 658 (Okla. Cr. 1974). The detective knew the Appellant had taken a nude photograph of one of the victims and had kept the photograph.
Under the existing exigent circumstances, the officer acted lawfully in searching the vehicle without a warrant. See, Wilson v. State, Okla. Cr. 508 P.2d 718 (1973), and United States v. Patterson, 9 Cir., 492 F.2d 995 (1974), cited with approval in Gonzales v. State, Okla. Cr. 525 P.2d 656 (1974). The evidence discovered during the warrantless search of the vehicle was, therefore, admissible.
The circumstances generating probable cause may, however, consist of a chain of ambiguous innocent activities which coupled together would lead a reasonable officer to believe contraband is within a vehicle." Gonzales v. State, Okla. Cr. 525 P.2d 656 (1974). In the present case the officers had information that an elderly and ill man had been kidnapped and was being held in the trunk of an automobile.
Under the existing exigent circumstances, the officer acted lawfully in searching the vehicle without a warrant. See, Wilson v. State, Okla. Cr. 508 P.2d 718 (1973), and United States v. Patterson, 492 F.2d 995 (1974), cited with approval in Gonzales v. State, Okla. Cr. 525 P.2d 656 (1974). The evidence discovered during the warrantless search of the vehicle was, therefore, admissible.