Category Archives: Automobile exception

OH1: Automobile exception does not apply to a purse removed from vehicle before PC developed

“In this appeal, we are asked to consider the narrow application of the automobile exception to the Fourth Amendment’s warrant requirement: whether officers may, in the course of a car search, search a container held roughly 25 feet away from … Continue reading

Posted in Automobile exception, Burden of pleading, Qualified immunity, Seizure, Standing | Comments Off on OH1: Automobile exception does not apply to a purse removed from vehicle before PC developed

D.Nev.: Clearly established state statute doesn’t translate to clearly established constitutional law

Clearly established state statute doesn’t translate to clearly established constitutional law for § 1983 qualified immunity purposes. Brown v. Tromba, 2023 U.S. Dist. LEXIS 149020 (D. Nev. Aug. 23, 2023).* “In their reply brief the OSA Defendants cite cases concerning … Continue reading

Posted in Automobile exception, Custody, Qualified immunity, Search incident, Trespass | Comments Off on D.Nev.: Clearly established state statute doesn’t translate to clearly established constitutional law

N.D.Ind.: No IAC where def pled but co-def prevailed on 4A claim

Defendant entered into a beneficial plea agreement and pled to a superseding information and was sentenced. Later, the passenger in his car filed a motion to suppress and prevailed. Still, this was not ineffective assistance of his counsel. “Aside from … Continue reading

Posted in Automobile exception, Consent, DNA, Ineffective assistance | Comments Off on N.D.Ind.: No IAC where def pled but co-def prevailed on 4A claim

M.D.Fla.: Availability of electronic SW doesn’t modify the automobile exception

The fact an electronic search warrant can more speedily be issued for a vehicle search doesn’t alter the automobile exception. The mere fact a vehicle is mobile is all it takes. United States v. Axon, 2023 U.S. Dist. LEXIS 134408 … Continue reading

Posted in Automobile exception, Probable cause | Comments Off on M.D.Fla.: Availability of electronic SW doesn’t modify the automobile exception

OH8: Dog alert on a car permits search of containers in it

A dog alert on a car was probable cause for a search of it and containers, here a backpack. State v. Kumuhone, 2023-Ohio-2586, 2023 Ohio App. LEXIS 2554 (8th Dist. July 27, 2023). “The contemporaneous tip, the visual details that … Continue reading

Posted in Automobile exception, Dog sniff, Foreign searches, Reasonable suspicion, Scope of search, Seizure | Comments Off on OH8: Dog alert on a car permits search of containers in it

N.D.Iowa: Unsubstantiated rumor not RS

Defendant’s stop for being involved in a shooting which was based on nothing more than an unsubstantiated rumor from an unsupported CI and the victim that he was involved was without reasonable suspicion. United States v. Cobbs, 2023 U.S. Dist. … Continue reading

Posted in Automobile exception, Franks doctrine, Reasonable suspicion | Comments Off on N.D.Iowa: Unsubstantiated rumor not RS

CA5: Only RS needed for a routine manual border search of a cell phone

The Fifth Circuit follows other circuits to require only reasonable suspicion for a routine manual border cell phone search. Having found child pornography, the government could keep looking. “He argues that the government violated the Fourth Amendment by conducting the … Continue reading

Posted in Automobile exception, Border search, Cell phones, Reasonable suspicion, Standing | Comments Off on CA5: Only RS needed for a routine manual border search of a cell phone

CA8: No need to prove exigency under 4A for automobile exception

No matter what state cases under state law may say, there’s no need to prove exigency in an automobile exception case under the Fourth Amendment, even when the car is temporarily immobilized. United States v. Johnson, 2023 U.S. App. LEXIS … Continue reading

Posted in Automobile exception, Issue preclusion, Reasonable suspicion | Comments Off on CA8: No need to prove exigency under 4A for automobile exception

E.D.Cal.: Order to roll down heavily tinted car window is not a search

The order to a motorist to lower his window is not a search, despite the fact the windows were heavily tinted and it made the interior more visible. Two pounds of cannabis on the car seat was probable cause for … Continue reading

Posted in Automobile exception, Franks doctrine, Particularity, Search | Comments Off on E.D.Cal.: Order to roll down heavily tinted car window is not a search

ID: Statutory admission of evidence in administrative proceeding is not a separation of powers issue

Admission or exclusion of evidence in an administrative proceeding over a driver’s license is not governed by the rules of evidence, but it does recognize constitutional limitations. That is not a separation of powers issue because it is within the … Continue reading

Posted in Administrative search, Automobile exception, Computer and cloud searches, Inventory, Reasonable suspicion | Comments Off on ID: Statutory admission of evidence in administrative proceeding is not a separation of powers issue

WA: Officer’s opening door for welfare check was minimal when he saw body in plain view

The warrantless entry into the home shared by the victim and defendant was justified because the officer’s concern for the victim was reasonable. She had not reported for work, she was not answering her phone, her car was parked in … Continue reading

Posted in Automobile exception, Emergency / exigency, Plain view, feel, smell, State constitution | Comments Off on WA: Officer’s opening door for welfare check was minimal when he saw body in plain view

LA5: Unenclosed driveways are not part of the curtilage

“Louisiana jurisprudence has indicated that unenclosed driveways, like the driveway in the instant case, are not part of the curtilage with respect to Fourth Amendment cases.” State v. Bourgeois, 2023 La. App. LEXIS 901 ( La. App. 5 Cir May … Continue reading

Posted in Automobile exception, Curtilage, Reasonable expectation of privacy, Unreasonable application / § 2254(d) | Comments Off on LA5: Unenclosed driveways are not part of the curtilage

CA4: Def gets remand of unexplained warrantless search condition on supervised release

The condition of supervised release that defendant submit to warrantless searches wasn’t explained to him or justified. Remanded. United States v. Davila, 2023 U.S. App. LEXIS 12714 (4th Cir. May 23, 2023). Plaintiff’s driving, observed by an officer and caught … Continue reading

Posted in Automobile exception, Independent source, Prison and jail searches, Probation / Parole search | Comments Off on CA4: Def gets remand of unexplained warrantless search condition on supervised release

E.D.Pa.: Hospital nurse who found drugs on def wasn’t state actor

A nurse in a hospital who found drugs in defendant’s pants was required by policy to search the rest of his belongings. The nurse was not a state actor. United States v. Kunsman, 2023 U.S. Dist. LEXIS 84362 (E.D. Pa. … Continue reading

Posted in Automobile exception, Private search, Reasonable suspicion, Standing | Comments Off on E.D.Pa.: Hospital nurse who found drugs on def wasn’t state actor

MN: Purse in car could be searched under automobile exception

The warrantless search of defendant’s purse was lawful under the automobile exception because there was probable cause to believe that the car contained a controlled substance, and the purse was a container within that car. State v. Barrow, 2023 Minn. … Continue reading

Posted in Automobile exception, Burden of pleading, Cell phones, Good faith exception, Scope of search | Comments Off on MN: Purse in car could be searched under automobile exception

N.D.W.Va.: Pulling open def’s pocket to search it was intentional and unreasonable; exclusionary rule applied

Pulling open defendant’s pocket to search it was intentional and required applying the exclusionary rule. United States v. Jenkins, 2023 U.S. Dist. LEXIS 74739 (N.D. W.Va. Apr. 28, 2023). The close relationship between the participants supported probable cause. It was … Continue reading

Posted in Automobile exception, Exclusionary rule, Inventory, Probable cause | Comments Off on N.D.W.Va.: Pulling open def’s pocket to search it was intentional and unreasonable; exclusionary rule applied

D.Kan.: “The opening of the driver’s door had no effect or impact on the dog’s alert.”

“The opening of the driver’s door had no effect or impact on the dog’s alert.” United States v. Anderson, 2023 U.S. Dist. LEXIS 73033 (D. Kan. Apr. 26, 2023). The facts in the record support the automobile exception as the … Continue reading

Posted in Automobile exception, Dog sniff, Good faith exception, Probation / Parole search | Comments Off on D.Kan.: “The opening of the driver’s door had no effect or impact on the dog’s alert.”

NV: A-C privilege reason for return of documents

Attorney-client privilege is reason for return of documents under F.R.Crim.P. 41(g), and Nevada recognizes that, too, regardless of whether there is an open investigation. In re Search Warrants Regarding Seizure of Documents, 2023 Nev. App. Unpub. LEXIS 131 (Apr. 7, … Continue reading

Posted in Arrest or entry on arrest, Automobile exception, Hot pursuit, Probation / Parole search, Reasonable suspicion, Rule 41(g) / Return of property | Comments Off on NV: A-C privilege reason for return of documents

NJ: Analysis of “unforeseeable and spontaneous” PC for application of the NJ automobile exception is case-by-case

Analysis of “unforeseeable and spontaneous” probable cause for application of the automobile exception in New Jersey is case-by-case. State v. Smart, 2023 N.J. LEXIS 208 (Mar. 8, 2023):

Posted in Automobile exception | Comments Off on NJ: Analysis of “unforeseeable and spontaneous” PC for application of the NJ automobile exception is case-by-case

OH4: When officer couldn’t find source of strong smell of MJ, he could search again under 4A

The officer encountered a strong smell of marijuana and searched the car for it coming up “empty.” He reviewed the video in the car and searched again. This one continuous effort and separate justification wasn’t needed. Suppression order reversed. State … Continue reading

Posted in Automobile exception, Custody, Prison and jail searches | Comments Off on OH4: When officer couldn’t find source of strong smell of MJ, he could search again under 4A