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 warrant and, during the lawful stop for execution of that warrant, officers developed probable cause to search the trunk of the car.” State v. Campbell, 289 Ore. App. 442, 2017 Ore. App. LEXIS 1603 (Dec. 28, 2017) (state constitution). Note: For those in other states: Oregon hasn’t effectively cited the Fourth Amendment in any opinion in several decades, except as an example of what federal law requires and that’s less likely because the state has built a far more substantial body of state constitutional law than any other. This case doesn’t cite the Fourth Amendment either.

This entry was posted in Automobile exception, State constitution. Bookmark the permalink.

Comments are closed.