TX4: Def abandoned his totaled car when it went to auto auction; black box search didn’t need a warrant

Defendant’s car was totaled in a wreck. He never came to get it or the stuff from it. His insurance company sent it to an auto auction for disposal. The police went there and retrieved the black box information without a warrant. Defendant had no standing in a car he abandoned. Vitela v. State, 2021 Tex. App. LEXIS 10090 (Tex. App. – San Antonio Dec. 22, 2021).

Defense counsel was not ineffective for not challenging his search. Based on the facts on the plea agreement alone, the automobile exception applies. Doran v. United States, 2021 U.S. Dist. LEXIS 243089 (E.D.Mo. Dec. 21, 2021).*

Defendant’s speeding stop revealed he couldn’t drive and the vehicle couldn’t be driven. That was reasonable suspicion for more. United States v. Vasquez, 2021 U.S. Dist. LEXIS 243150 (D.Me. Dec. 21, 2021).*

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