Category Archives: Automobile exception

NH: Def who borrowed car not prejudiced by five day delay in getting SW for it

Because defendant didn’t own the car he borrowed, he wasn’t prejudiced by the five day delay in getting a search warrant for it. State v. Stacey, 2018 N.H. LEXIS 208 (Nov. 2, 2018). State law requires automobile exception apply to … Continue reading

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FL1: Def’s car search outside his chain link fence was outside the curtilage

Defendant was stopped for a traffic offense, but he made it to his mobile home and parked outside the chain link fence. The court finds the car was outside the curtilage under Dunn when the stop and dog sniff occurred. … Continue reading

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N.D.Ind.: Mixed motive for traffic stop isn’t 4A violation as long as there is objective basis for RS

Defendant’s argument that the police must show only that they had a motive to investigate a traffic offense and not any criminal offenses that they already know about is foreclosed by Whren. A mixed motive is not unconstitutional. United States … Continue reading

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E.D.Mich.: Drugs don’t have to be forensically tested after a controlled buy for there to be PC

The CI was corroborated and the totality gives probable cause. The fact that the drugs were not tested prior to the search warrant doesn’t undermine the probable cause or good faith because the officer could tell what it probably was. … Continue reading

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CA7: Pre-Collins dog sniff of car on property was valid when it happened; GFE applies

A pre-Collins v. Virginia dog sniff of defendant’s car on his property was valid under circuit law at the time it occurred, so the good faith exception requires no suppression. United States v. Velazquez, 2018 U.S. App. LEXIS 28445 (7th … Continue reading

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ID: Open container violation permits automobile exception of passenger compartment search for more

Defendant’s possession of a cool open beer can in his cup holder and an empty can and other full cans in the back seat permitted a search under the automobile exception of the glove compartment for more open containers [like … Continue reading

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PA: The automobile exception doesn’t apply in def’s own driveway; PA SCt held that before Collins

The police had a defective search warrant to bring them to defendant’s house to search the car in the driveway. The Pennsylvania Supreme Court held the year before Collins v. Virginia that the automobile exception didn’t apply in one’s driveway, … Continue reading

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E.D.Wis.: Impersonating a DEA agent in one’s car justifies automobile exception

Defendant was arrested for impersonating a DEA officer and using his car to do it. That gave probable cause to search the car. Defendant’s argument that there was an unreasonable inventory are off the mark. United States v. Wade, 2018 … Continue reading

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N.D.Cal.: Reconsideration granted of suppression order to admit gun in a murder conspiracy

With apparent reluctance, the court grants the government’s motion to reconsider the grant of a motion to suppress a gun found in a backpack in the trunk of defendant’s car now linked to two homicides. The government could have raised … Continue reading

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NC: Car parked on street was not on the curtilage

A car parked on the street next to a house was not on the curtilage as a matter of law. Based on undisputed facts in the record, however, the officer had probable cause to search the car on the street. … Continue reading

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OH5: Def’s wallet was placed on roof of car during patdown; after PC developed under automobile exception, it was subject to search, too

When defendant got out of the car during the stop, the officer ordered him to put down his cell phone and wallet that were in his hands, and he put them on the roof. Inside the car, the officer saw … Continue reading

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W.D.Ark.: When challenging SW, def has burden of pleading to attach the SW and affidavit to the motion to suppress

When challenging a search warrant, the defendant needs to attach the warrant and affidavit to the motion to suppress. The government did instead. Here, the search warrant wasn’t even needed because there was probable cause for a vehicle search under … Continue reading

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