Category Archives: Automobile exception

CA1: Misstatement Alpha-PVP was in package instead of Alpha-PHP was not material nor in bad faith

The affidavit for search warrant was based on a customs search of a package destined for delivery in Maine that the contents was Alpha-PVP, which is how it looked and field tested as MDMA. Later lab analysis showed it was … Continue reading

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D.Ariz.: Trailer on blocks with no means around to pull it not subject to automobile exception

An RV trailer elevated on a block with nothing to pull it around is not subject to the automobile exception. United States v. Maley, 2017 U.S. Dist. LEXIS 69797 (D.Ariz. May 5, 2017). A detailed tip about defendant on supervised … Continue reading

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W.D.Mo.: Damaged and inoperable vehicle that ran into a building was “readily mobile” for automobile exception

Defendant’s car was still “readily mobile” for automobile exception purposes where it had been driven though the front of a building, was wrecked and had a flat and broken windshield. United States v. Scott, 2017 U.S. Dist. LEXIS 66514 (W.D. … Continue reading

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OH3: That def’s car probably was involved in a shooting was PC for an automobile exception search

Officers had probable cause to look in defendant’s car under the automobile exception: “We conclude that law enforcement had probable cause to believe that the silver Honda Civic contained contraband. Kern was shot at from a silver Honda Civic and … Continue reading

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MD: PC as to the passenger isn’t automatic PC as to the vehicle

Probable cause that the passenger is in possession does not automatically translate to probable cause to believe that the vehicle contains contraband in the trunk justifying its search. The police could articulate nothing as to the vehicle itself, other than … Continue reading

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IN: Def was stuck under car at gas station then freed herself before officer got over there; stop under community caretaking function was unreasonable

Defendant was stuck under her car at a gas station when the officer saw her. He started toward her and she freed herself, got in the car and was attempting to drive away when the officer stopped her. Surveying cases … Continue reading

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W.D.Mo.: Dispute over inventory didn’t need to be resolved because automobile exception applied in any event

Defendant was stopped for no front license plate, and that led to a finding that his DL was revoked and the vehicle unlicensed. During his arrest, it was determined that there was an outstanding warrant for his arrest. The officer … Continue reading

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IN: No RS for a protective sweep after def was arrested

A protective sweep of a closed room requires reasonable suspicion that an attack could be launched from the room. After defendant was arrested, there was no reasonable suspicion there was anybody else in the house; therefore, no reasonable suspicion. Johnson … Continue reading

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The automobile exception is 92 years old today

Carroll v. United States, 267 U.S. 132 (1925)

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OR: Automobile exception applies to any lawful stop where PC of a crime develops

The automobile exception applies when a vehicle is lawfully stopped for any reason and then probable cause develops. State v. Bliss, 283 Ore. App. 833, 2017 Ore. App. LEXIS 256 (Feb. 23, 2017). Defendant requested a meeting with the police … Continue reading

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