Category Archives: Automobile exception

CA1: Inventory was shown to be investigative; suppression affirmed

“All in all, it seems inescapable that the officers seized Del Rosario’s car so that they could search it for evidence of a crime, and that they later sought to justify the search by invoking the community-caretaking exception. And while … Continue reading

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CA6: Def showed no REP in package with a fake name sent to his house

Defendant showed no reasonable expectation of privacy in a package addressed to a fake name at his address. United States v. James, 2020 U.S. App. LEXIS 22766 (6th Cir. July 21, 2020). Defendant failed to show that the challenged statements … Continue reading

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W.D.Ky.: Automobile exception search doesn’t have to be done promptly

Where the stop and seizure of the vehicle was with probable cause, its automobile exception search could occur later. United States v. Brown, 2020 U.S. Dist. LEXIS 120634 (W.D. Ky. July 9, 2020).* A private person finding defendant’s SD card … Continue reading

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TN: Issue of issuing magistrate’s jurisdiction moot by automobile exception

Defendant’s dispute over whether the judge issuing the search warrant had jurisdiction over the vehicle from which DNA was taken because it was located in a different county is moot. The officers had probable cause in investigating a bloody homicide, … Continue reading

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TN: Without findings of fact, the appellate court can review the dashcam video and draw its own conclusions

The trial court didn’t make findings of fact, so the appellate court can review the dashcam video and draw its own conclusions. “The trial court reviewed the testimony of the only witness and made an implicit finding that his testimony … Continue reading

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E.D.Wis.: Open container in car justified search

An open container violation is an offense justifying a search of a vehicle for more. United States v. Hoskins, 2020 U.S. Dist. LEXIS 90256 (E.D. Wis. May 22, 2020).* The stop reached the level of reasonable suspicion before dispatch responded, … Continue reading

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NY3: With PC and automobile exception, any hidden compartment can be searched

A probable cause search of a vehicle includes any hidden compartments. Here, they were apparent to the officers. People v. Kalabakas, 2020 NY Slip Op 02954, 2020 N.Y. App. Div. LEXIS 3066 (3d Dept. May 21, 2020).

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NE: Def’s purse could be searched under automobile exception even though it had already been removed from car

Defendant’s purse was validly searched under the automobile exception after the backup officer smelled marijuana coming from the car. It didn’t matter that it wasn’t in the car at the time of the search. State v. Lang, 305 Neb. 726 … Continue reading

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D.N.M.: Vehicle already searched under the automobile exception can be searched again at police station

A vehicle already searched under the automobile exception can be searched again after it is removed to the police lot. United States v. Mazon, 2020 U.S. Dist. LEXIS 64813 (D. N.M. Apr. 13, 2020). The Texas trial court didn’t err … Continue reading

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S.D.Ga.: Renting a motel room doesn’t make their parking lot your curtilage

Just because defendant’s girlfriend rented a motel room and he was with her doesn’t make the motel parking lot their curtilage. “[N]ot even a hotel’s owner, to say nothing of its transitory guests, has a reasonable expectation of privacy in … Continue reading

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D.N.J.: There were material misrepresentations in the affidavit for a vehicle SW, but they are mooted by the automobile exception

The validity of the search warrant for defendant’s car was irrelevant where the automobile exception applied. Therefore, defendant’s Franks challenge is moot despite the fact there were material misrepresentations in the affidavit because the officers were trying to keep a … Continue reading

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D.Mass.: Although stop might have been unreasonable, def fled from car and abandoned his drugs

Defendant’s stop likely was without reasonable suspicion, but he fled from the car after the stop and tossed a bag of drugs under another car. That was abandonment. United States v. Wilkins, 2020 U.S. Dist. LEXIS 58058 (D.Mass. Apr. 2, … Continue reading

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S.D.Fla.: SW for apt and seizure of computers and cell phones includes power to search them later

A search warrant to search an apartment and seize computers and cell phones includes the power to search them later. United States v. Quinonez, 2020 U.S. Dist. LEXIS 55789 (S.D. Fla. Mar. 30, 2020). The officer’s statement that the CI’s … Continue reading

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CADC: AE applied to boxes police reasonably believed contained evidence that was being removed from the premises

Defense counsel wasn’t ineffective for not moving to suppress the seizure of boxes of evidence from defendant’s car. It was reasonable for the officers to believe defendant was loading the car to move evidence to hide it when the police … Continue reading

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OH5: Search was valid as inventory and AE

The vehicle search was valid as an inventory. When a weapon was found in the console, it was valid under the automobile exception. State v. Fawcett, 2020-Ohio-1004, 2020 Ohio App. LEXIS 925 (5th Dist. Mar. 12, 2020). The county’s insurance … Continue reading

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PA: Syringes in plain view on floorboard was PC

Officer’s seeing syringes on the floor of defendant’s car just by looking was plain view and probable cause for search. Commonwealth v. Bumbarger, 2020 Pa. Super. LEXIS 206 (Mar. 16, 2020).* “Mr. Sealey’s motion to suppress, the court did not … Continue reading

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