Category Archives: Automobile exception

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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CA1: Misstatement Alpha-PVP was in package instead of Alpha-PHP was not material nor in bad faith

The affidavit for search warrant was based on a customs search of a package destined for delivery in Maine that the contents was Alpha-PVP, which is how it looked and field tested as MDMA. Later lab analysis showed it was … Continue reading

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D.Ariz.: Trailer on blocks with no means around to pull it not subject to automobile exception

An RV trailer elevated on a block with nothing to pull it around is not subject to the automobile exception. United States v. Maley, 2017 U.S. Dist. LEXIS 69797 (D.Ariz. May 5, 2017). A detailed tip about defendant on supervised … Continue reading

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W.D.Mo.: Damaged and inoperable vehicle that ran into a building was “readily mobile” for automobile exception

Defendant’s car was still “readily mobile” for automobile exception purposes where it had been driven though the front of a building, was wrecked and had a flat and broken windshield. United States v. Scott, 2017 U.S. Dist. LEXIS 66514 (W.D. … Continue reading

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OH3: That def’s car probably was involved in a shooting was PC for an automobile exception search

Officers had probable cause to look in defendant’s car under the automobile exception: “We conclude that law enforcement had probable cause to believe that the silver Honda Civic contained contraband. Kern was shot at from a silver Honda Civic and … Continue reading

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MD: PC as to the passenger isn’t automatic PC as to the vehicle

Probable cause that the passenger is in possession does not automatically translate to probable cause to believe that the vehicle contains contraband in the trunk justifying its search. The police could articulate nothing as to the vehicle itself, other than … Continue reading

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