Category Archives: Automobile exception

D.Utah: Unlatching but not opening car door to look inside then shutting it was attenuated from dog sniff that gave PC

Officers unlatched the door of a suspicious car parked on an cul-de-sac away from houses, and the car was suspected of a theft from a Sam’s store. The door was shut without looking inside and then a drug dog was … Continue reading

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SC: Automobile exception search doesn’t have to happen right away

Defendant’s car was well enough connected to him and the crime that the police had probable cause for a search under the automobile exception. Moreover, there is no constitutional requirement that the vehicle be searched immediately under the automobile exception. … Continue reading

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CA9: Immigration arrest valid on “reason to believe” this person was an alien illegally in the U.S.

BIA petitioner’s rights were not violated because she can’t show her arrest was an egregious violation of the Fourth Amendment. “The fact that agents detained and arrested Echeverria without first establishing her identity and alienage is of no moment. All … Continue reading

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IN: Seizure of def’s vehicle off the street when police found it after a hit and run was valid under the automobile exception

“P1 Following a May 2017 hit and run in Indianapolis that left a pedestrian dead, Dennis Payne Jr. was convicted of Level 5 felony failure to remain at the scene of an accident resulting in death and Level 6 felony … Continue reading

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IL: The scope of consent to search a car was exceeded, but it was because PC had developed

Officers exceeded the scope of defendant’s consent, but, by the time they did, they had probable cause under the automobile exception to search further. People v. Davis, 2019 IL App (1st) 160408, 2019 Ill. App. LEXIS 875 (Sept. 23, 2019),* … Continue reading

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N.D.Iowa: There was no RS as to def who was talking with another for whom there was; def should have been allowed to leave

When one defendant wanted to leave the encounter with the police, there was no reasonable suspicion for his patdown and he should have been allowed to leave without the patdown. United States v. Steffens, 2019 U.S. Dist. LEXIS 190597 (N.D. … Continue reading

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KY: Illegal cell phone search is harmless where nothing used at trial from the phones

The apparently unconstitutional searches of defendant’s cell phones were harmless beyond a reasonable doubt when nothing was used from them. Ward v. Commonwealth, 2019 Ky. LEXIS 433 (Oct. 31, 2019).* In defendant’s traffic stop for not stopping at the stop … Continue reading

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GA: REP in a hotel room expires at checkout time

The reasonable expectation of privacy in a hotel room expires with the checkout time. Lindsey v. State, 2019 Ga. App. LEXIS 623 (Oct. 29, 2019). The defendant officers were properly entitled to summary judgment on plaintiff’s excessive force claim. Also, … Continue reading

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OH8: SW was for all of a multifamily dwelling, only one unit was occupied; it was particular

The search warrant referred to the premises to be searched as “5243/45 Broadway.” It was one continuous apartment downstairs with one address, and the other upstairs was still being built and was occupied. 5243 was used on the search warrant … Continue reading

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MA: Traffic stop “morphed” into arrest for no DL, inventory, then automobile exception

Driving on a suspended license is an offense for which (1) search incident is valid, and (2) the driver can’t continue and the vehicle would be impounded and subject to a proper inventory. In this case, the inventory was not … Continue reading

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KY: Def’s car search lacked PC; not def’s burden to show state lacked exigency, it’s the state’s burden to show it

The search of defendant’s car was completely unjustified. The car was parked and he was sitting in it. The officer was curious and approached to talk to him. Nothing was seen suggesting crime was “a foot.” The state’s argument that … Continue reading

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D.Minn.: Car being stuck in snow and key fob not there doesn’t nullify application of the automobile exception

A car stuck in the snow at the end of the alley and defendant without the key fob is still mobile for the automobile exception. “Any temporary loss of mobility is insufficient to take Williams’s case outside the automobile exception.” … Continue reading

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