D.N.H.: Officers had PC for automobile exception but sought a warrant seven days later; still reasonable

Officers had probable cause for an automobile search, but they towed the car and searched it seven days later. The delay was not unreasonable. United States v. Silva, 2012 DNH 164, 2012 U.S. Dist. LEXIS 134151 (D. N.H. September 19, 2012)*:

But the police officers did not search defendant’s car pursuant to the automobile exception. Instead, they towed the car to a secure lot and applied for a search warrant. The warrant application was presented to the court four days later, on July 23, 2010, a warrant issued, and it was executed on July 26, 2010. That seven (7) day delay in obtaining and executing a search warrant was reasonable under all the circumstances and provides defendant with no grounds upon which to seek suppression of the evidence found during the search. See United States v. McHugh, 769 F.2d 860 (1st Cir. 1985) (seven day delay between car’s seizure and search not unreasonable).

The PC would not get stale. Either the suspected stuff is still in the car or not. If it were left on the street unlocked for seven days, that’s different. Should the prosecution be penalized for seeking the extra protection of a search warrant for the citizen? I personally don’t think so.