Category Archives: Automobile exception

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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MA: Purported inventory of cell phone was investigative and unreasonable

Defendant was arrested on suspicion of murder, and he had a cell phone in his pocket that he was using, his younger brother’s. The seizure of the phone was proper, but the purported inventory of the phone was not because … Continue reading

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OR: Def’s driving to a controlled buy was PC for automobile exception; not a “police-created exigency”

Police had probable cause to stop defendant on his way to a controlled buy. This did not qualify as a “police-created exigency.” State v. Colman-Pinning, 302 Ore. App. 383 (Feb. 26, 2020). Appellant “seeks appellate relief based on a single … Continue reading

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N.D.Ohio: An open container in a car is probable cause under the automobile exception to search for other open containers

An open container in a car is probable cause under the automobile exception to search for other open containers. In addition: “Here, Patrolmen Link and McClamroch had received information that a retaliatory shooting could occur near the location they stopped … Continue reading

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TX11: Automobile exception doesn’t permit a vehicle search after the object of the search has been recovered

The automobile exception did not apply where defendant was stopped for an alleged theft and the property was recovered before the search occurred, thereby obviating it. State v. Whitman, 2020 Tex. App. LEXIS 1481 (Tex. App. – Eastland Feb. 21, … Continue reading

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E.D.Ky.: Def’s felony drug arrest after a patdown on RS of fleeing justified search of his car

Defendant was being watched by police, and he was being followed and ran a stop sign. In the stop, the officer told defendant to roll down his window and turn off the car. He rolled the window part way down … Continue reading

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OR: Automobile exception still applies; availability of telephonic warrants doesn’t obviate it

Oregon passes on an invitation to impose a warrant requirement on all vehicle searches just because telephonic warrants should make them required in every case. The automobile exception applies, and the state did not have to show the realistic probability … Continue reading

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E.D.Mich.: Despite MMJ law, def rolling a joint when stopped could have his car searched

When defendant was stopped, he was seen rolling a joint. Despite the medical marijuana law, the officer could search the car for more because it was still a violation of federal law. United States v. Hinds, 2020 U.S. Dist. LEXIS … Continue reading

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FL5: Appellate counsel in direct appeal was ineffective for not arguing automobile exception wasn’t applicable; if it had been argued, court would have reversed

In defendant’s original appeal, appellate counsel argued only that the search incident doctrine applied and he failed on that issue. On post-conviction, however, new counsel argued that the automobile exception should have been argued and that it did not apply … Continue reading

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W.D.Ky.: An open container doesn’t permit a search of an entire car under automobile exception or search incident

An open container in a car doesn’t grant the police the authority to search the entire vehicle for another open container. It is implausible to believe that another would be found outside of the passenger compartment. United States v. Thomas, … Continue reading

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