Category Archives: Automobile exception

W.D.Mo.: SW for car unnecessary because there was PC

There was probable cause for search of defendant’s car, and that makes the search warrant for the car moot as legally unnecessary. United States v. Hudson, 2017 U.S. Dist. LEXIS 91449 (W.D. Mo. Apr. 27, 2017), adopted, 2017 U.S. Dist. … Continue reading

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WaPo: How self-driving cars could determine the future of policing

WaPo: How self-driving cars could determine the future of policing by Orin Kerr

Posted in Automobile exception, Pretext | Comments Off

W.D.Mo.: Driveway not curtilage for dog sniff of car

Relying on United States v. Beene, 818 F.3d 157 (5th Cir. 2016) (posted here), defendant’s car parked on the driveway in front of his home was subject to a dog sniff as if it was on the street. Because of … Continue reading

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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

Posted in Automobile exception, Franks doctrine | Comments Off

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

Posted in Automobile exception, Probation / Parole search | Comments Off

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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