Category Archives: Automobile exception

D.Haw.: Specific exigency not required for automobile exception search

Defendant’s car could be searched under the automobile exception while it was parked at his mother’s condo. Exigency isn’t specifically required. United States v. Chan, 2023 U.S. Dist. LEXIS 14062 (D. Haw. Jan. 27, 2023).* Even if defendant’s otherwise objectively … Continue reading

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CT: Automobile exception still applied even though def was arrested 500′ from car

Defendant was arrested 500′ from his car. The car was still subject to the automobile exception because there was enough connection. He still had the keys on him. State v. Griffin, 2023 Conn. App. LEXIS 8 (Jan. 24, 2023):

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OH6: State could get a jury instruction that defendant refused to submit to a DNA search

The state could get a jury instruction that defendant refused to submit to a DNA search. State v. Roberts, 2023-Ohio-142, 2023 Ohio App. LEXIS 131 (6th Dist. Jan. 18, 2023). The facts in isolation may not show reasonable suspicion but … Continue reading

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NC: Officer who had knowledge of driver’s medical disqualification from driving could make a stop

“Therefore, a law enforcement officer with either probable cause or reasonable suspicion to believe that the driver of a vehicle is driving with a medically canceled license may conduct a lawful traffic stop of that vehicle without running afoul of … Continue reading

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CA5: No suppression for no-knock violation

There is no suppression remedy for an unjustified no-knock warrant. United States v. Bryant, 2023 U.S. App. LEXIS 355 (5th Cir. Jan. 6, 2023). Defendant didn’t enter a conditional plea, so his guilty plea waived his Fourth Amendment claim. United … Continue reading

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CA6: Plastic bag on car console wasn’t obviously “dope” to justify automobile exception

The government argued that the search of defendant’s car was justified by the automobile exception because contraband was in plain view. The court disagrees. There was a plastic bag on the console, and the photographic evidence from inside the car … Continue reading

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NY3: On parole out of your county and lying about travels RS for parole search

Defendant was on parole and stopped outside his residence county. That was reasonable suspicion for a parole search. Plus, defendant’s multiple and inconsistent explanations about his travels, which the police officers knew were false, coupled with his parole situation and … Continue reading

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OH4: Once dog alerts, automobile exception arises, and vehicle can be moved for search

Once a drug dog alerted on defendant’s car, the automobile exception arose, and the search did not have to occur right away. The vehicle could be removed to another location for the search. State v. Harper, 2022-Ohio-4357, 2022 Ohio App. … Continue reading

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IN: Juvenile’s blood draw by consent without statutory parental notification suppressed

The juvenile’s consent to a blood draw was without parental notification as required by statute, and it was expressed as a mere formality. The blood draw is suppressed. L.W. v. State, 2022 Ind. App. LEXIS 379 (Nov. 23, 2022). Defendant’s … Continue reading

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CA6: Seeing person named in arrest warrant at place she was staying satisfied Payton

Officers had sufficient information under Payton that a woman for whom they had a warrant was on the premises she was supposedly living at when they entered. They’d seen her there, and CIs put her there. United States v. Essex, … Continue reading

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N.D.Tex.: Officers don’t have to say they have PC before an automobile exception search

The officers didn’t say they had probable cause at the beginning of the search of the vehicle, but on the totality they did. United States v. Wesley, 2022 U.S. Dist. LEXIS 200320 (N.D. Tex. Nov. 3, 2022).* The Fourth Amendment … Continue reading

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GA: Consent to search backpack included laptop inside when def didn’t object

Defendant clearly consented to a search of his backpack. When the officer encountered his laptop and opened it to turn it on, defendant never objected. Winslow v. State, 2022 Ga. LEXIS 297 (Nov. 2, 2022). The underlying facts for reasonable … Continue reading

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E.D.Ky.: Def shows nothing to support claim taint team violated attorney-client privilege in review after SW

Defendant argued that the execution of this search warrant resulted in disclosure of attorney-client privileged information because of alleged misuse of a taint team. But, he provides no context or anything to go on. Taint teams are recognized in such … Continue reading

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D.Neb.: Eviction of unruly hotel guest is loss of REP in room as soon as decision is made, even without statute authorizing it

Eviction of an unruly guest from a motel or hotel results in a loss of the renter’s reasonable expectation of privacy even if there is no statute governing it. Thus, the proprietor can hand over the keys to the police … Continue reading

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WA: ID officers participating in WA permitted at common law and not barred by 4A or statute

A child pornography investigation in Idaho led to a search warrant in a neighboring county in Washington. The Washington officers inviting Idaho officers to participate in aiding the search did not violate statute or the Fourth Amendment. It was permitted … Continue reading

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D.C.Cir.: Question of fact remains on whether PC dissipated before second handcuffing

“We reverse the district court’s grant of summary judgment on the false arrest claims for two reasons. First, there is a genuine dispute of material fact as to whether probable cause for the simple assault charge dissipated before Lin was … Continue reading

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DDC: Delay in return of seized cell phone not necessarily unreasonable; Rule 41(g) provides procedural due process

DC Metro police seized numerous cell phones from BLM protestors, and they sued to recover them. The DC police policy wasn’t followed, but only by negligence, and that doesn’t state a claim against it. Rule 41(g) applies despite lack of … Continue reading

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E.D.Pa.: Work product privilege in product of a SW is burden of defense

A special master reviewed the product of the search warrant for work product materials. The defendants have the burden of proof on work product, and they didn’t meet it. United States v. Vepuri, 2022 U.S. Dist. LEXIS 151833 (E.D. Pa. … Continue reading

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NJ: Arrest warrant executed at home of third-party requires SW

Police entering defendant’s neighbor’s house to arrest him when he was visiting violated the Fourth Amendment. There was no exigency justifying it. State v. Bookman, 2022 N.J. LEXIS 678 (Aug. 24, 2022). Even if the knock-and-announce rule applies to entries … Continue reading

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D.N.J.: Holding a vehicle 4 days before searching it was not unreasonable

“While law enforcement held the Durango for four days after the seizure before searching it pursuant to a warrant, this delay did not render the continuing seizure of the Durango unreasonable. See Donahue, 764 F.3d at 300-01 (collecting cases and … Continue reading

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