Category Archives: Automobile exception

NY3: Officer’s subjective intent to search doesn’t matter where there was PC under automobile exception

The officer’s alleged subjective intent to search didn’t matter because there was justification under the automobile exception anyway. People v. HinesPeople v. HinesPeople v. Hines, 2019 NY Slip Op 03853, 2019 N.Y. App. Div. LEXIS 3884 (3d Dept. May 16, … Continue reading

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NJ still has an automobile exception that doesn’t require a warrant on exigency

The automobile exception in New Jersey isn’t as stringent as it previously was in Witt. Officers can elect to search under the automobile exception on the street or later at impound, and a search warrant is always required. State v. … Continue reading

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E.D.Mich.: State’s MMJ law doesn’t create immunity from car search on PC

The Michigan Medical Marijuana Act does not create immunity from a search when an officer has probable cause to believe that a vehicle has marijuana in it. United States v. Hinds, 2019 U.S. Dist. LEXIS 72379 (E.D. Mich. Apr. 30, … Continue reading

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D.N.J.: Way overbroad protective sweep violated Buie

The protective sweep went far beyond the requirements of Buie, searching the entire house, and it is ordered suppressed. As to “the inevitable discovery analysis, the Court finds that the Government has failed to demonstrate, by a preponderance of the … Continue reading

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E.D.Ky.: Moving car for more intense automobile exception search was reasonable

A search under the automobile exception properly includes dismantling the car stereo if the officers think there is something potentially there. It was also reasonable to move the car to a different location for a more intense search. United States … Continue reading

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Collins v. Virginia on remand: GFE saves the search

Collins v. Virginia on remand: The good faith exception applies to sustain the search because no reasonably well trained officer would have known that automobile exception would apply on the curtilage in the garage. Collins v. Commonwealth, 2019 Va. LEXIS … Continue reading

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W.D.Pa.: Def’s effort to make a felony stop fit under Rodriguez fails

Despite his lack of standing, defendant seeks to cast this automobile exception search as having its genesis in an overlong traffic stop, thus unreasonable under Rodriguez. This was not just a traffic stop; it was a felony stop, and the … Continue reading

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IN: Automobile exception search of locked safe in car was reasonable

A warrantless automobile exception search of a locked safe in a car was reasonable under the state constitution. It didn’t intrude on the defendant’s normal activities. Washburn v. State, 2019 Ind. App. LEXIS 149 (Apr. 8, 2019):

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ND: Citizen informants are presumed reliable

Citizen informants are presumed reliable. Coupled with trash pulls and the informants’ reports of repeated short term stays at defendant’s house, there was probable cause. State v. Laverdure, 2019 ND 72, 2019 N.D. LEXIS 59 (Mar. 15, 2019). Officers had … Continue reading

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D.Conn.: No REP in airplane and contents by absent co-conspirator who claimed ownership

There was a “ramp check” authorized by FAA regulation of a private plane at an airport in Connecticut, essentially a traffic stop. It was admitted that a small quantity of marijuana was on the plane. The automobile exception applies to … Continue reading

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IN: Exigency permitted real time pinging of def’s cell phone

(1) There were exigent circumstances for pinging defendant’s cell phone based on exigent circumstances as recognized by state statute, and this is implicitly recognized by Carpenter. (2) Failure to file the search warrant papers within 72 hours as required by … Continue reading

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IA: PC for car search includes purse found in it

Probable cause for search of a car includes a woman’s purse found in the car. State v. Swenson, 2019 Iowa App. LEXIS 36 (Jan. 9, 2019). A dog sniff of a car doesn’t require reasonable suspicion or probable cause something … Continue reading

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