Category Archives: Automobile exception

W.D.Ark.: When challenging SW, def has burden of pleading to attach the SW and affidavit to the motion to suppress

When challenging a search warrant, the defendant needs to attach the warrant and affidavit to the motion to suppress. The government did instead. Here, the search warrant wasn’t even needed because there was probable cause for a vehicle search under … Continue reading

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N.D.W.Va.: A motion to suppress isn’t moot just because the govt says it won’t use the evidence in its case-in-chief; if it will to impeach, then the issue has to be resolved

Government’s agreeing it wouldn’t use the product of a search in its case in chief does not make it moot unless the government also says it won’t use it in impeachment. Then, it can only be used against the defendant … Continue reading

Posted in Automobile exception, Franks doctrine, Suppression hearings | Comments Off on N.D.W.Va.: A motion to suppress isn’t moot just because the govt says it won’t use the evidence in its case-in-chief; if it will to impeach, then the issue has to be resolved

N.D.Cal.: The fact California has legalized recreational marijuana does not make the smell of marijuana in a car no longer PC

The fact California has legalized recreational marijuana for small amounts does not make the smell of marijuana no longer probable cause. Here, there was a strong odor and defendant admitting he was carrying. An ounce or more would be an … Continue reading

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MS: No REP in calls from police station

Defendant’s calls from the police station after he was arrested admitted the marijuana in this case was his. The calls were admitted at trial, defense counsel challenging authentication. Defendant pro se argued a Fourth Amendment violation, but that is defaulted … Continue reading

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WY: PC existed for vehicle search before dog was called in; legality of stop abandoned

Defendant’s three sentence motion to suppress said it would follow up with authority. The motion and hearing without that authority narrowed the scope of the claim and abandoned the justification for the stop and any state constitutional claim. What developed … Continue reading

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E.D.N.C.: Passenger’s possession of counterfeit drugs didn’t justify search of def’s car

Defendant’s passenger having alleged counterfeit drugs on his person didn’t provide probable cause for a search of defendant’s car under the automobile exception. United States v. Daughtridge, 2018 U.S. Dist. LEXIS 115326 (E.D. N.C. July 11, 2018). You can’t relitigate … Continue reading

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N.D.Ill.: Collins v. Virginia doesn’t apply to a shared parking area which is not curtilage

Collins v. Virginia does not apply to shared parking areas which are not curtilage. “United States v. Jones, 2018 U.S. App. LEXIS 16409 (2d Cir. June 19, 2018), Jones’s vehicle was parked in a parking lot behind the multi-family building … Continue reading

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GA: No REP in data in car’s airbag control module

Defendant did not have a reasonable expectation of privacy in the data from his vehicle’s airbag control module, because, while an outside observer cannot ascertain the information regarding the use and function of a vehicle with the same precision, a … Continue reading

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CA2: There was no heightened expectation of privacy under Collins v. Virginia in a multi-family parking lot

Collins doesn’t provide a heightened expectation of privacy in a multi-family parking lot. “Jones does not dispute that the Dodge Magnum was inherently mobile. … We hold that the officers had probable cause to search the Dodge Magnum and that … Continue reading

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CT: Seeing sawed off shotgun through van window justified opening it up to seize it

The officers here saw a sawed off shotgun through the windows of defendant’s van, and it was not unreasonable to use the key fob to open the door to seize it. State v. Ortiz, 2018 Conn. App. LEXIS 235 (June … Continue reading

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MA: Removing paint chips off a car under the automobile exception was reasonable

There was probable cause that defendant’s car was involved in a shooting such that its stop and search was reasonable under the automobile exception. That included removing paint chips from it when it had been removed to the police station. … Continue reading

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Reason.com: Volokh Conspiracy: Collins v. Virginia and “the Conception Defining the Curtilage”

Reason.com: Volokh Conspiracy: Collins v. Virginia and “the Conception Defining the Curtilage” by Orin Kerr: A familiar idea “easily understood from our daily experience” — or is it?

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