Category Archives: Automobile exception

D.Minn.: DHS could stop airplane on ground for pilot certificate inspection; after PC found, airplane subject to automobile exception because of mobility

Federal officers can seek a pilot certificate inspection (PCI) of any airplane. 14 C.F.R. 61.51(i). “Although it seems obvious that the agents were interested in Defendants’ plane for drugs—and therefore that the PCI was merely a pretext to dig around—officers … Continue reading

Posted in Automobile exception, Reasonable suspicion, Seizure | Comments Off

PA: The automobile exception does not apply in one’s own driveway

“We granted the petition for allowance of appeal filed by Daniel F. Loughnane to determine whether the Superior Court erred by holding that the federal automobile exception, adopted by this Court in Commonwealth v. Gary, 625 Pa. 183, 91 A.3d … Continue reading

Posted in Automobile exception | Comments Off

D.Neb.: Consent didn’t extend to removing pickup’s bedliner, but officer had PC by then

The officer had probable cause for this traffic stop, and defendant was found to have consented to a search of his pickup truck. He observed it happening and never objected. [I hate that rationale.] By the time the bedliner was … Continue reading

Posted in § 1983 / Bivens, Automobile exception, Consent | Comments Off

Cal.6th: Inventory wouldn’t permit removal of dashboard, but finding drugs during inventory turned into probable cause for a search

Defendant’s car had cocaine hidden in a compartment behind the dashboard. Normally, an inventory search would not permit removal of car parts to conduct it. Here, however, the officer found cocaine under the seat during the inventory, and that was … Continue reading

Posted in Automobile exception, Consent, Inventory | Comments Off

OH3: Search incident under Gant isn’t automatic in a DUI arrest; more indicators required

OVI (DUI) is not an offense where there is per se evidence to be found in the vehicle by search incident under Gant (or the automobile exception). Something more than just the offense is required to use the stop to … Continue reading

Posted in Automobile exception, Inventory, Search incident | Comments Off

CA6: Auto exception continues to place of inventory; heroin found by plain feel

Defendant’s car was pulled over for a missing license plate and overtinting. The “plain” smell of marijuana was evident, and he was removed from the car for a patdown. The patdown revealed heroin by plain feel, which was valid. The … Continue reading

Posted in Automobile exception, Plain view, feel, smell | Comments Off

D.Nev.: PC for automobile exception continues into impoundment

Probable cause for a vehicle search under the automobile exception continues into impoundment for later inventory even though the vehicle is immobilized by where it is. Also, permission from the owner gives the driver of a car standing. United States … Continue reading

Posted in Automobile exception, Inventory | Comments Off

E.D.Mich.: Seeing def in house of another permitted entry to arrest on an arrest warrant

Seeing defendant in the house of another was justification for entry into the home to arrest him on a warrant under Steagald. United States v. Terrell, 2017 U.S. Dist. LEXIS 175483 (E.D. Mich. Oct. 24, 2017). Defendant was stopped for … Continue reading

Posted in Arrest or entry on arrest, Automobile exception | Comments Off

CA5: Thumping a spare tire on PC wasn’t an unreasonable search

“Here, the agent articulated several observations which, based on his eight years of experience at this [immigration] checkpoint, indicated that the truck’s spare tire contained contraband. Viewing this testimony in the light most favorable to the Government, and giving due … Continue reading

Posted in Automobile exception, Immigration checkpoints | Comments Off

N.D.Fla.: Car on private property subject to automobile exception; 28 day delay in SW for cell phones unreasonable

Defendant’s car was subject to the automobile exception even though it was parked on private property. Waiting 28 days to get a search warrant for cell phones made the search unreasonable. United States v. Civil, 2017 U.S. Dist. LEXIS 158377 … Continue reading

Posted in Automobile exception, Cell phones | Comments Off