LA1: Automobile exception search is just as broad as permitted by SW

“Police officers who have legitimately stopped an automobile and who have probable cause to believe that contraband is concealed somewhere within it, may conduct a warrantless search of the vehicle as thoroughly as a magistrate could authorize. The scope of the warrantless search of an automobile is not defined by the nature of the container in which the contraband is secreted, but rather, is defined by the object of the search and the places in which there is probable cause to believe it may be found. That is, if probable cause justifies the search of a lawfully stopped vehicle, it justifies the search of every part of the vehicle and its contents that may conceal the object of the search.” State v. Landor, 2021 La. App. LEXIS 196 (La. App. 1 Cir. Feb. 19, 2021).

Plaintiff’s Gerstein claim fails for failure to allege a violation of federal law and naming the wrong officers. Texas state statute was apparently violated, but not by these officers, and a violation of state law doesn’t make a § 1983 claim. Morales v. Carrillo, 2021 U.S. Dist. LEXIS 31005 (W.D. Tex. Feb. 19, 2021).*

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