Category Archives: Automobile exception

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

Posted in Automobile exception, Cell phones, Excessive force, Qualified immunity, Rule 41(g) / Return of property | Comments Off on DDC: Delay in return of seized cell phone not necessarily unreasonable; Rule 41(g) provides procedural due process

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

Posted in Automobile exception, Emergency / exigency, Franks doctrine, Independent source | Comments Off on D.N.J.: Holding a vehicle 4 days before searching it was not unreasonable

CA9: Having handgun in open carry state not RS without more

Washington is an open carry state, and the allegation defendant had a weapon on him was insufficient for a stop without some showing he was a danger to others per state law. United States v. Willy, 2022 U.S. App. LEXIS … Continue reading

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S.D.Ga.: Govt’s motion to reopen suppression hearing after R&R is granted

The government didn’t like the R&R so it moved to put on additional evidence before the USMJ. Granted. “Therefore, in light of the Court’s ‘responsibility to make an informed decision’ on Wright’s suppression motion, Khan, 2018 WL 2214813, at *2, … Continue reading

Posted in Admissibility of evidence, Automobile exception, Excessive force | Comments Off on S.D.Ga.: Govt’s motion to reopen suppression hearing after R&R is granted

DE: People inside isn’t exigency for nighttime SW

The justification for a nighttime search warrant was insufficient as a matter of law. The mere presence of people in the house is not exigency. State v. Harrison, 2022 Del. Super. LEXIS 302 (July 14, 2022). The USMJ found defendant … Continue reading

Posted in Automobile exception, Cell site simulators, Dog sniff, Franks doctrine, Nighttime search | Comments Off on DE: People inside isn’t exigency for nighttime SW

D.Ariz.: Pre-Carpenter CSLI required compliance with SCA and here state officers didn’t

The government pleads the CSLI order was pre-Carpenter and thus subject to the good faith exception. The court finds, however, that the Stored Communications Act was not complied with and the government does not get the benefit of the good … Continue reading

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CA1: Voluntary act after unreasonable stop made evidence admissible

There was no reasonable suspicion for defendant’s seizure on the totality. But, “Sierra-Ayala’s intervening volitional act, in the absence of exploitative behavior by López-Maysonet, renders the discovery of the drugs sufficiently attenuated so as to dissipate the taint of the … Continue reading

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E.D.Tex.: Whether RV was immobile and used as a residence doesn’t matter where GFE applies

“In his third numbered objection, Lee argues that contrary to Officer Kennedy’s testimony, the RV was completely immobile at the time it was searched and that it was being used as a residence. But whether the RV was mobile or … Continue reading

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ABA Journal: Are driverless car searches constitutional?

ABA Journal: Are driverless car searches constitutional? by Adam Banner:

Posted in Automobile exception | Comments Off on ABA Journal: Are driverless car searches constitutional?

D.Me.: Dropbox CP search reported to NCMEC wasn’t exceeded by police

Dropbox reported child pornography to NCMEC, and its search did not exceed Dropbox’s private search. United States v. Orne, 2022 U.S. Dist. LEXIS 100146 (D.Me. June 6, 2022).* The wiretap application is based on overwhelming probable cause. United States v. … Continue reading

Posted in Automobile exception, Consent, Independent source, Private search | Comments Off on D.Me.: Dropbox CP search reported to NCMEC wasn’t exceeded by police

IA: Automobile exception search of glove compartment here was unreasonable

Search of the glove compartment is reasonable to look for evidence of ownership of a car already subject to search, but that wasn’t an issue here because there was no reason to. State v. Marcott, 2022 Iowa App. LEXIS 385 … Continue reading

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IN: State const’l arguments have to be raised in trial court first

Defendant’s argument for a change in standing law under the state constitution that he should have the ability to challenge the search of another person’s person and clothing wasn’t raised below, so it’s waived. State v. Allen, 2022 Ind. App. … Continue reading

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CA6: Auto exception applies even where driver is detained

A vehicle is mobile for the automobile exception even though the driver is detained. United States v. Washington, 2022 U.S. App. LEXIS 11511 (6th Cir. Apr. 28, 2022). A bald tire in the back of a rental truck was so … Continue reading

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CA11: Pressing key fob found during search of home to find car didn’t violate 4A

Pressing the key fob found inside during a search to locate the car outside was reasonable under the automobile exception. United States v. Fortson, 2022 U.S. App. LEXIS 11176 (11th Cir. Apr. 25, 2022). “Defendant’s constitutional rights were not violated … Continue reading

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M.D.Pa.: Missing dashcam video of stop and search not shown to be material

The missing dashcam video was not shown to be material. Defendant’s drug paraphernalia was in plain view and it was readily apparent what it was. That led to an automobile exception search. United States v. Griffith, 2022 U.S. Dist. LEXIS … Continue reading

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MT: Magistrate’s jurisdiction for SW is over place it could be found, not crime

The geographic limitation on magistrates issuing search warrants applies to the location of the evidence sought, not the location of the crime. State v. Grussing, 2022 MT 76, 2022 Mont. LEXIS 319 (Apr. 12, 2022). The telecommunication records here could … Continue reading

Posted in Automobile exception, Neutral and detached magistrate, Qualified immunity | Comments Off on MT: Magistrate’s jurisdiction for SW is over place it could be found, not crime

D.Colo.: A vehicle search for MJ that might have been legally possessed under CO law was still potentially a violation of federal law, and federal law controls

The probable cause analysis for arrest and search is the same. Defendant’s car was searched under the automobile exception in Colorado, and a quantity of marijuana was found. Federal law controls here (Virginia v. Moore), not state law and whether … Continue reading

Posted in Automobile exception, Probable cause | Comments Off on D.Colo.: A vehicle search for MJ that might have been legally possessed under CO law was still potentially a violation of federal law, and federal law controls