W.D.La.: Where the search was valid under the automobile exception, the officer’s subjective assessment is irrelevant

“Here, the facts known to Broussard at the time of the search—Dyson’s prior arrest for the illegal possession of a firearm and drugs, and the smell of marijuana emanating from the vehicle during the present stop—support a Terry pat-down search under Supreme Court and Fifth Circuit precedent. [Officer] Broussard’s testimony about his subjective assessment of the danger posed by Dyson does not eliminate the basis for a valid search.” United States v. Xzavier, 2021 U.S. Dist. LEXIS 243638 (W.D.La. Dec. 20, 2021).*

A detailed 911 call about a fresh crime can provide probable cause to search a vehicle, as this one did. United States v. Duplessis, 2021 U.S. Dist. LEXIS 244715 (E.D.Mich. Dec. 22, 2021).*

Defendant’s suppression motion was denied pretrial based on the good faith exception. He can’t relitigate it in a 2255. Lickers v. United States, 2021 U.S. Dist. LEXIS 244871 (C.D.Ill. Dec. 23, 2021).*

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