Category Archives: Automobile exception

OR: Vehicle didn’t have to be seen moving before stop for automobile exception to apply (state constitution)

Defendant’s car didn’t have to be seen moving at the time of the stop for the automobile exception to apply. State v. Von Flue, 287 Ore. App. 798, 2017 Ore. App. LEXIS 1088 (Sept. 20, 2017)* (state constitution):

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OR: Under automobile exception, exigency for stop may dissipate as to one thing yet arise as to another

“[T]he automobile exception continues to supply the per se exigency necessary to conduct a warrantless search of the vehicle that was mobile when stopped so long as the officer has probable cause to believe that the vehicle contains evidence of … Continue reading

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W.D.Mo.: Parked RV hooked up to water and electricity with satellite dish on roof with grill and trashcan outside wasn’t subject to automobile exception

Defendant’s RV was being used as a residence when it was searched, and the automobile exception does not apply. Because it was a residence, the search warrant didn’t specify it within the residences to be searched in the search warrant, … Continue reading

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S.D.Fla.: A car broken down on the highway was still “readly mobile” enough for the automobile exception to apply

A car broken down on the highway was still “readly mobile” enough for the automobile exception to apply. United States v. Ortiz-Santizo, 2017 U.S. Dist. LEXIS 128710 (S.D. Fla. Aug. 14, 2017):

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W.D.Ky.: Driving up to a drug house where a SWAT raid was about to happen here was RS

Defendant drove up to a known drug house that was about to be searched by a SWAT team, and reasonable suspicion quickly developed for his stop. United States v. Clayton, 2017 U.S. Dist. LEXIS 128041 (W.D. Ky. June 13, 2017).* … Continue reading

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D.C.Cir.: Def’s driving car to where it was stopped and searched was “mobile” for automobile exception

Defendant’s car was subject to the automobile exception: probable cause “abounded” at the time of the search and it was mobile because it was driven to the place where it was stopped and searched. Weapons used in a robbery were … Continue reading

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NH: Limited state auto exception recognized where plainly visible contents are contraband

NH recognizes limited state automobile exception under state constitution where a warrant is not required where “the police have probable cause to believe that a plainly visible item in the vehicle is contraband.” State v. Cora, 2017 N.H. LEXIS 132 … Continue reading

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W.D.Mo.: SW for car unnecessary because there was PC

There was probable cause for search of defendant’s car, and that makes the search warrant for the car moot as legally unnecessary. United States v. Hudson, 2017 U.S. Dist. LEXIS 91449 (W.D. Mo. Apr. 27, 2017), adopted, 2017 U.S. Dist. … Continue reading

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WaPo: How self-driving cars could determine the future of policing

WaPo: How self-driving cars could determine the future of policing by Orin Kerr

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W.D.Mo.: Driveway not curtilage for dog sniff of car

Relying on United States v. Beene, 818 F.3d 157 (5th Cir. 2016) (posted here), defendant’s car parked on the driveway in front of his home was subject to a dog sniff as if it was on the street. Because of … Continue reading

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