{"id":56912,"date":"2024-01-23T15:10:00","date_gmt":"2024-01-23T20:10:00","guid":{"rendered":"https:\/\/fourthamendment.com\/?p=56912"},"modified":"2024-01-23T17:12:14","modified_gmt":"2024-01-23T22:12:14","slug":"va-automobile-exception-doesnt-require-ready-mobility-and-this-car-was-totaled-in-a-wreck","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=56912","title":{"rendered":"VA: Automobile exception doesn’t require “ready mobility” and this car was totaled in a wreck"},"content":{"rendered":"\n

Defendant\u2019s car was totaled in a wreck, and it couldn\u2019t be driven. Nevertheless, the automobile exception applied to it. After Carney, \u201cready mobility\u201d is no longer required because of the lesser expectation of privacy in a car compared to a house. \u201cThe automobile exception requires only that a reasonable officer have probable cause to suspect that a vehicle contains evidence of a crime and does not rise or fall on the \u2018ready mobility\u2019 of the vehicle. Because there was probable cause for Trooper Sica to search the vehicle, the trial court erred in granting Jennings’s motion to suppress.\u201d Commonwealth v. Jennings<\/a>, 2024 Va. App. LEXIS 29 (Jan. 23, 2024) (unpublished).<\/p>\n\n\n\n

Defense counsel filed an Anders brief, and one of the potential issues was use of a surveillance drone. That pretrial issue, however, was waived by his guilty plea. United States v. Perkins, 2024 U.S. App. LEXIS 1454 (6th Cir. Jan. 22, 2024).*<\/p>\n\n\n\n

Defendant was not initially seized when officers called to him about serving him with a citation. When officers got closer, they could see that he had a firearm that he was reaching for, and that led to a struggle over the gun and his Tasing. Then he was seized, and it was reasonable. United States v. Trinidad-Nova, 2024 U.S. Dist. LEXIS 11202 (D.P.R. Jan. 16, 2024).*<\/p>\n","protected":false},"excerpt":{"rendered":"

Defendant\u2019s car was totaled in a wreck, and it couldn\u2019t be driven. Nevertheless, the automobile exception applied to it. After Carney, \u201cready mobility\u201d is no longer required because of the lesser expectation of privacy in a car compared to a … Continue reading →<\/span><\/a><\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[36,62,69],"tags":[],"class_list":["post-56912","post","type-post","status-publish","format-standard","hentry","category-automobile-exception","category-drones","category-seizure"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/56912","targetHints":{"allow":["GET"]}}],"collection":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=56912"}],"version-history":[{"count":1,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/56912\/revisions"}],"predecessor-version":[{"id":56913,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/56912\/revisions\/56913"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=56912"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=56912"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=56912"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}