{"id":5926,"date":"2012-01-01T07:34:14","date_gmt":"2011-08-20T00:21:21","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2011-08-20T00:21:21","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=5926","title":{"rendered":"OR: Car was still \u201cmobile\u201d for automobile exception where somebody else was going to drive it off"},"content":{"rendered":"

Officers finally arrested defendant for violating the \u201cno alcohol\u201d provision of his parole because they could smell it on his breath. He got them to leave the car parked where it was\u2013in the driveway of a friend. Nevertheless, the car was mobile enough for the automobile exception to apply because somebody else wanted access to it, ostensibly to drive off. State v. Wiggins<\/a>, 245 Ore. App. 119, 260 P.3d 826 (2011), on rehearing State v. Wiggins<\/a>, 2011 Ore. App. LEXIS 1798 (December 29, 2011) (reaching same result):<\/p>\n

Here, there is no dispute that the police had probable cause that defendant\u2019s car contained evidence of a crime\u2014a gun\u2014at the time of the search. The only remaining question, then, is whether defendant’s vehicle was \u201cmobile\u201d at the time the officers first encountered it. Compare State v. Coleman, 167 Ore. App. 86, 94, 2 P3d 399 (2000) (\u201cThe inquiry is centered on the circumstances surrounding the moment when the police first notice or focus their attention on an automobile<\/em>.\u201d (Emphasis added.)), with Meharry, 342 Ore. at 178 (\u201c[A] vehicle is mobile for the purposes of the automobile exception because it was moving when the officer stopped it<\/em> and nothing demonstrated that the vehicle would not be mobile once the officer relinquished control over it.\u201d (Emphasis added.)). We conclude that defendant\u2019s car was mobile, whether we define the initial point of the encounter as the moment when Brewster first observed defendant\u2019s car in the parking lot of the convenience store or the moment when Brewster subsequently stopped defendant’s moving vehicle. In either case, the car was occupied and operable, and nothing subsequent to the stop rendered the car incapable of mobility.<\/p>\n

We reject defendant’s argument that the vehicle was stripped of its mobility because the officers broke contact with it. …<\/p><\/blockquote>\n

The officers had cause for the stop when the CI gave the sign that a drug deal had gone down, and the vehicle involved was leaving the scene. State v. Williams<\/a>, 2011 Ohio 4126, 2011 Ohio App. LEXIS 3438 (8th Dist. August 18, 2011).*<\/p>\n","protected":false},"excerpt":{"rendered":"

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