N.D.Cal.: Def didn’t lose REP in car by loaning it out

Defendant retained his expectation of privacy in his car even though he loaned it to somebody else. On the totality of circumstances, there was probable cause for a search of the car under the automobile exception. United States v. Williams, 2015 U.S. Dist. LEXIS 81445 (N.D.Cal. June 22, 2015).

The affidavit for arrest warrant became the affidavit for search warrant, and this really wasn’t good form. However, defendant doesn’t argue that the search warrant was bad; it’s the search of his person. Since the search incident would have occurred anyway, inevitable discovery applies, and the discovery of the contraband on his person is not suppressed. State v. Rowland, 2015 Ida. App. LEXIS 55 (June 24, 2015).*

Despite defendant’s contention that his driving was unsafe because there were no other cars around, he didn’t stay within his lane, and that led to his stop which was justified. State v. Rainier, 2015 Ida. App. LEXIS 56 (June 24, 2015).*