Category Archives: Automobile exception

W.D.N.C.: 2255 is not the place to first litigate a suppression motion

2255 petitioner can’t raise his search and seizure claim via post-conviction relief where there was no effort to pursue the issue in the case on the merits. Even if he could, he’d lose on the merits of the search because … Continue reading

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NJ: When driver can’t or won’t produce registration, a limited search for it is permissible

“Sufficient credible evidence supported the trial court’s determination that defendant was given an adequate opportunity to present the vehicle’s registration before the search commenced. When a driver is unwilling or unable to present proof of a vehicle’s ownership, a police … Continue reading

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CA10: Carelessly unloading watermelons from a box truck away from a loading dock and in middle of night with “nonsensical” answers was PC

Officers had probable cause to search defendants’ box truck. They were unloading watermelons in the middle of the night on wet grass and not at some loading dock coupled with all the unusual, vague, and even “nonsensical” excuses for why … Continue reading

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NJ: If driver can’t find registration after reasonable time, police can search for it

Defendant was given a reasonable amount of time to produce the registration of his vehicle. When he’s unwilling or unable to locate it, that justifies a limited “pinpoint” search of the vehicle for the registration in the glove box or … Continue reading

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CA6: Def’s car was still “mobile” for automobile exception despite the fact he was in jail

Defendant’s car was still “mobile” for Fourth Amendment purposes under the automobile exception despite the fact he was in jail. Thus, the defective search warrant is moot. United States v. Spillman, 2018 U.S. App. LEXIS 6950 (6th Cir. Mar. 19, … Continue reading

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LA5: Scope of auto exception search is the PC that authorizes it

Defendant’s car was subject to the automobile exception because it was mobile, despite being parked and not running. “The scope of the warrantless search of an automobile is not defined by the nature of the container in which the contraband … Continue reading

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VI: Govt couldn’t rely on inventory to justify search when the vehicle wasn’t impounded

Officer’s knowledge that defendant possessed a firearm was not reasonable suspicion in itself because one could possess a firearm in the VI, albeit with a license. When officers observed bullet holes in the car and defendant was nervous and evasive, … Continue reading

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AR: Search of def’s wallet in a frisk was unreasonable

The officer made a drug arrest in the park, and defendant was around and fidgeting with his hands repeatedly going in and out of his pockets. A frisk of defendant for a weapon was reasonable, but a search of his … Continue reading

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SCOTUSblog: Argument analysis: Rental cars, reasonable expectations of privacy and property rights

SCOTUSblog: Argument analysis: Rental cars, reasonable expectations of privacy and property rights by Amy Howe. Transcripts: Byrd & Collins

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SCOTUSBlog: Argument preview: Justices to consider scope of Fourth Amendment’s “automobile exception”

SCOTUSBlog: Argument preview: Justices to consider scope of Fourth Amendment’s “automobile exception” by Amy Howe:

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OR: Mobility is all that’s required for auto. exception under state const. too

As long as the vehicle was mobile and there was probable cause, the automobile exception applies. “In sum, the automobile exception applies in this case because defendant’s car was mobile when officers encountered it in connection with defendant’s felony arrest … Continue reading

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D.Kan.: Driving unlicensed vehicle not ground for search under search incident or automobile exception

Driving an allegedly unlicensed vehicle doesn’t support a search incident for paperwork on the vehicle. The automobile exception didn’t support a search either because there was no probable cause. After defendant was handcuffed and away from the vehicle, a Long … Continue reading

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