Category Archives: Automobile exception

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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SCOTUS: “The automobile exception does not permit the warrantless entry of a home or its curtilage in order to search a vehicle therein.”

The power of curtilage: Collins v. Virginia, 2018 U.S. LEXIS 3210 (May 29, 2018) (8-1, Alito dissenting):

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KS: Car search had PC, so trial court erred in suppressing

The trial court erred in suppressing the search of the car. There was probable cause for a search for drugs, and that allowed the officer to search anywhere drugs would be found. State v. Knight, 2018 Kan. App. LEXIS 28 … Continue reading

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CA5: Automobile exception applied; although def was handcuffed, wife showed up acting somewhat belligerently

Defendant was in custody, handcuffed and on the ground, but his wife showed up acting somewhat belligerent. Her presence satisfied exigency for the car search. United States v. Beene, 2018 U.S. App. LEXIS 11400 (5th Cir. May 2, 2018). Defense … Continue reading

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MO: Warrantless seizure of black box data from semi violated 4A; automobile exception didn’t apply

After an accident, the information off the data recorder on defendant’s semi was seized and then searched by the police without a search warrant. The trial court suppressed, and the state filed an interlocutory appeal. Only three of its six … Continue reading

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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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