Category Archives: Automobile exception

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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D.Neb.: Advance notice def driving into state doesn’t require SW for car under automobile exception

Defendant concedes officers had probable cause. Just because they had advance notice defendant was coming because of the breadth of their investigation, the automobile exception allowed a vehicle search because of the mobility of the car. Advance notice still doesn’t … Continue reading

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FL5: Car search was justified by search incident; automobile exception finding not even appealed

Defendant’s traffic stop was justified for stopping in the crosswalk before turning on red. The search of the car was found by the trial court with probable cause and justified by the search incident doctrine and the automobile exception. Defendant … Continue reading

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SD: There was reason for def’s stop, but no PC for search of the car

There was reason for defendant’s stop and reasonable suspicion developed from excessive nervousness and a masking agent, but there was no probable cause and exigency for a search of defendant’s car. State v. Terry, 2019 Del. Super. LEXIS 431 (Sept. … Continue reading

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W.D.Tenn.: Driving one’s car to ER and going in isn’t abandonment; dead battery doesn’t remove exigency for automobile exception

Having been shot, defendant did not abandon his car when he drove to the ER and went in, leaving his keys in the car at the entrance. The fact the battery was dead in the car didn’t remove the exigency. … Continue reading

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