Category Archives: Automobile exception

D.Ariz.: A dog sniff of the person at the border is not “non-routine”

Defendant crossed into the U.S. at a pedestrian border crossing. A dog sniff of the person was conducted. “The Court finds that the intrusiveness of the canine search did not rise to the level of a non-routine search, which would … Continue reading

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W.D.Tex.: Def’s warrantless arrest in a casino by tribal officers was without PC; warrantless search of his car in parking lot suppressed

Tribal officers at a casino near El Paso watched on surveillance video defendant touch a rifle in his car but not pull it out when he was being harassed on the parking lot. They had reasonable suspicion to encounter him … Continue reading

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D.Mass.: Coded language on wiretap supported issuance of SW for house; inference of drug dealing was apparent

Evidence from the wiretap in coded language strongly supported the inference that defendant had drugs in his house. United States v. Flynn, 2018 U.S. Dist. LEXIS 209546 (D.Mass. Dec. 12, 2018).* Defendant was outside of his car walking away when … Continue reading

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D.Ariz.: Search of car on curtilage fails under Collins

The search of defendant’s car ostensibly under the automobile exception fails under Collins v. Virginia. It was clearly on the curtilage, and the exclusionary rule is applied. United States v. Bautista, 2018 U.S. Dist. LEXIS 197792 (D. Ariz. Nov. 20, … Continue reading

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NH: Def who borrowed car not prejudiced by five day delay in getting SW for it

Because defendant didn’t own the car he borrowed, he wasn’t prejudiced by the five day delay in getting a search warrant for it. State v. Stacey, 2018 N.H. LEXIS 208 (Nov. 2, 2018). State law requires automobile exception apply to … Continue reading

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FL1: Def’s car search outside his chain link fence was outside the curtilage

Defendant was stopped for a traffic offense, but he made it to his mobile home and parked outside the chain link fence. The court finds the car was outside the curtilage under Dunn when the stop and dog sniff occurred. … Continue reading

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N.D.Ind.: Mixed motive for traffic stop isn’t 4A violation as long as there is objective basis for RS

Defendant’s argument that the police must show only that they had a motive to investigate a traffic offense and not any criminal offenses that they already know about is foreclosed by Whren. A mixed motive is not unconstitutional. United States … Continue reading

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E.D.Mich.: Drugs don’t have to be forensically tested after a controlled buy for there to be PC

The CI was corroborated and the totality gives probable cause. The fact that the drugs were not tested prior to the search warrant doesn’t undermine the probable cause or good faith because the officer could tell what it probably was. … Continue reading

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CA7: Pre-Collins dog sniff of car on property was valid when it happened; GFE applies

A pre-Collins v. Virginia dog sniff of defendant’s car on his property was valid under circuit law at the time it occurred, so the good faith exception requires no suppression. United States v. Velazquez, 2018 U.S. App. LEXIS 28445 (7th … Continue reading

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ID: Open container violation permits automobile exception of passenger compartment search for more

Defendant’s possession of a cool open beer can in his cup holder and an empty can and other full cans in the back seat permitted a search under the automobile exception of the glove compartment for more open containers [like … Continue reading

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PA: The automobile exception doesn’t apply in def’s own driveway; PA SCt held that before Collins

The police had a defective search warrant to bring them to defendant’s house to search the car in the driveway. The Pennsylvania Supreme Court held the year before Collins v. Virginia that the automobile exception didn’t apply in one’s driveway, … Continue reading

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E.D.Wis.: Impersonating a DEA agent in one’s car justifies automobile exception

Defendant was arrested for impersonating a DEA officer and using his car to do it. That gave probable cause to search the car. Defendant’s argument that there was an unreasonable inventory are off the mark. United States v. Wade, 2018 … Continue reading

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