Plaintiff’s claim that a search warrant for his house was retaliatory for First Amendment activities doesn’t overcome the fact there was independent probable cause for the warrant. Therefore, the Fourth Amendment claim fails. Fredin v. Clysdale, 2018 U.S. Dist. LEXIS 219049 (D. Minn. Dec. 20, 2018).
A search incident can precede the arrest. But, on the totality, the automobile exception applies. Defendant’s actions with the glove compartment and what was seen there amounted to probable cause. United States v. Johnson, 2019 U.S. App. LEXIS 640 (9th Cir. Jan. 9, 2019).*