{"id":1637,"date":"2008-02-16T06:17:48","date_gmt":"2007-12-28T17:11:35","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2007-12-28T17:11:35","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=1637","title":{"rendered":"Automobile exception applies even when man with keys is arrested outside of car and it is locked"},"content":{"rendered":"

There clearly was probable cause to search the defendant’s car under the automobile exception (which will not be recounted here), and the car was sufficiently mobile to justify its search, despite the fact that the officers had two people in custody away from the cars and they had the keys so confederates could not get in the cars. United States v. Smith<\/a>, 510 F.3d 641, 2007 FED App. 0500P (6th Cir. 2007):<\/p>\n

Smith suggests that the automobile exception is not applicable in the present case because the Pontiac was not mobile: at the time of the search, the officers possessed the keys and had the only two users of the vehicle under their control. However, both this court and the Supreme Court have reiterated on numerous occasions that the automobile exception is justified not only by the exigency created by the “ready mobility” of vehicles, but also by the lesser expectation of privacy operators have in their vehicles. Carney<\/em><\/a>, 471 U.S. at 391; Graham, 275 F.3d at 509. This court, moreover, has upheld warrantless automobile searches in which officers were in control of both the keys to the vehicle and the operator of the vehicle. See Graham<\/em>, 275 F.3d at 507-11; see also Hofstatter, 8 F.3d at 322 (“Although the government might have had time to secure a warrant to search the automobile, there was no requirement that it do so.”).<\/p><\/blockquote>\n

Plaintiff had no standing to challenge an alleged profile stop of another, and the stops of him were with probable cause, so his case is dismissed. McCann v. Winslow Twp., 2007 U.S. Dist. LEXIS 93594 (D. N.J. December 20, 2007).*<\/p>\n

Trial testimony about search revealed nothing that would indicate defense counsel was ineffective for not filing a motion to suppress, and petitioner’s moving papers add nothing to that. Lamb v. United States, 2007 U.S. Dist. LEXIS 93804 (M.D. Fla. December 21, 2007).*<\/p>\n","protected":false},"excerpt":{"rendered":"

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