Category Archives: Automobile exception

D.Mass.: No REP in an apt wrongfully entered by def

Defendant had no objective reasonable expectation of privacy in an apartment he wrongfully entered and assaulted the occupant. A black case he kept there had a subjective expectation of privacy but not an objective one. United States v. John, 2021 … Continue reading

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CA6: With PC, car can be searched on impound lot

Officers had probable cause to search defendant’s car for a hidden gun while it was on the impound lot. The automobile exception or inventory applied, so no warrant was required. United States v. Nuyen, 2021 U.S. App. LEXIS 1608 (6th … Continue reading

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OH5: Def’s inordinate delay in finding car insurance card enabled reasonable dog sniff

The stop was delayed by defendant being unable to produce his proof of insurance, so the officer did not extend the stop to run a dog around the car during the wait. State v. Newman, 2021-Ohio-119, 2021 Ohio App. LEXIS … Continue reading

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N.D.Ohio: Regular borrowing of a vehicle gave def standing when he had it; affidavit “bare bones” so no GFE

Defendant’s regular borrowing of a vehicle gave him standing in the vehicle when he was driving it. “In sum, the affidavit in support of the December 8, 2017 search warrant fails to provide the requisite ‘“nexus between the place to … Continue reading

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Cal.4: Drunk in public with a vehicle justifies a vehicle search under the automobile exception

Drunk in public with a vehicle justifies a vehicle search under the automobile exception. People v. Sims, 2021 Cal. App. LEXIS 33 (4th Dist. Jan. 12, 2021). A search warrant that resulted in a search where three buildings were on … Continue reading

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S.D.N.Y.: Littering from a livery cab justified stop and search of the cab

A littering offense from a livery cab in NYC justified a stop of the cab and entering it for further evidence of the crime. That resulted in a plain view. United States v. Abreu, 2021 U.S. Dist. LEXIS 1945 (S.D. … Continue reading

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PA state const. requires actual exigency for automobile exception

Resolving tension in its cases, Pennsylvania holds that its state automobile exception requires both probable cause and an actual exigency. Commonwealth v. Alexander, 2020 Pa. LEXIS 6439 (Dec. 22, 2020):

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OR: The fact some people lie is not RS

The officer had no subjective or objective reasonable suspicion that the vehicle defendant was driving, his mother’s, was without her permission, just become some people lie. State v. Smith, 308 Ore. App. 84 (Dec. 16, 2020). Defendant was claimed to … Continue reading

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OH5: 911 hang-up call is treated as presumptively an emergency until shown otherwise

In Ohio, a 911 hang-up call is treated as presumptively an emergency until shown otherwise. State v. Walter, 2020-Ohio-6772, 2020 Ohio App. LEXIS 4622 (5th Dist. Dec. 17, 2020). A police officer’s property was searched under a warrant. The warrant … Continue reading

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S.D.Ga.: A vehicle search doesn’t have to happen as soon as PC develops; prudent to wait for backup

“Defendant retorts that, if in fact Sgt. Concepcion discovered the marijuana odor early in the traffic stop, he should have begun the search immediately rather than waiting for the arrival of Investigator Gould, citing no caselaw in support. The Court … Continue reading

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IL: PC for open container in car permitted search of locked glove compartment

Probable cause that a vehicle had open containers in it permitted a search of the locked glove compartment because it was a place where an open container could be. People v. McGhee, 2020 IL App (3d) 180349, 2020 Ill. App. … Continue reading

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N.D.Ohio: Transporting package in anticipatory warrant from apt complex office to own apt doesn’t give PC for the car

In a controlled delivery case, the package was left at an apartment building office, and then defendant moved it to his apartment by his car. Still, there was no probable cause for search of his car. United States v. Reid, … Continue reading

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KS: GFE applies to blood draw before court held it unconstitutional

“Applying State v. Perkins, 310 Kan. 764, 449 P.3d 756 (2019), to the circumstances of this case, the good-faith exception to the exclusionary rule applies and allowed the district court to consider the results of a blood test for blood … Continue reading

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D.C.Cir.: IAC claim presented first in court of appeals decided without remand; claim fails on its face

Defendant raised his ineffective assistance claim first in the Court of Appeals. Usually, the court says it would remand for an evidentiary hearing. Here, however, his allegation is facially insufficient and the issue is decided without a remand. The challenge … Continue reading

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W.D.Ky.: When there is PC and the automobile exception applies, the 4A doesn’t require a drug dog be used

The officer had probable cause on the totality for a vehicle search under the automobile exception. It wasn’t required that the drug dog that was there be used, too. United States v. Moralez, 2020 U.S. Dist. LEXIS 206109 (W.D. Ky. … Continue reading

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S.D.Iowa: Def’s SnapChat posts provided PC to search his vehicle

Defendant’s public social media posts (here, SnapChat) about his drug activities provided probable cause to search his vehicle for drugs. United States v. Manuel, 2020 U.S. Dist. LEXIS 199261 (S.D. Iowa Oct. 21, 2020):

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MT: Plain view justifies automobile exception search

Seeing contraband in plain view justifies an entry into a car under the automobile exception. State v. Tenold, 2020 MT 263, 2020 Mont. LEXIS 2461 (Oct. 20, 2020). Three controlled buys were probable cause despite defendant’s argument that the officer … Continue reading

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WY: Stop was factually justified even if pretextual

“Despite the stop of the Tacoma being pretextual due to information provided by Agent Ford, Trooper Hobbs based the initial traffic stop upon a personally witnessed violation of the law. Thus, [Mr. Simmons’] rights under both the Wyoming Constitution and … Continue reading

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W.D.N.Y.: Finding a gun during an automobile exception search doesn’t mean the search should end

Having found a gun during an automobile exception search, the officers weren’t obliged to stop the search. United States v. Green, 2020 U.S. Dist. LEXIS 180561 (W.D. N.Y. Sept. 30, 2020). A CI’s information was reasonable suspicion for a probation … Continue reading

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S.D.Ga.: Where def lost 4A claim on merits, he can’t relitigate it as an IAC claim

“Petitioner already presented his suppression argument to the Eleventh Circuit, and it was rejected. He now attempts to relitigate the claim by cloaking it in an ineffective assistance claim. However, Petitioner fails to establish Mr. Crowder’s decision not to pursue … Continue reading

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