Category Archives: Automobile exception

MN: No difference between the privacy interest in DNA abandoned at the scene of a crime and the specific genetic information within it

There’s no difference between the privacy interest in DNA abandoned at the scene of a crime and the specific genetic information within it. State v. Carbo, 2024 Minn. LEXIS 236 (May 8, 2024). [A creative argument, but one always doomed … Continue reading

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CAAF: Service member has REP in a private barracks room because it was not shared with anyone else

A service member has a reasonable expectation of privacy in a private barracks room because it was not shared with anyone else. United States v. Rocha, 2024 CAAF LEXIS 250 (C.A.A.F. May 8, 2024) (not a Fourth Amendment search case). … Continue reading

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CA7: Jail officials holding plaintiff under a valid court order aren’t liable for not releasing him sooner after a sentencing error

Jail officials holding plaintiff under a valid court order aren’t liable for not releasing him sooner after a sentencing error. Sabo v. Erickson, 2024 U.S. App. LEXIS 10503 (7th Cir. Apr. 30, 2024). “The record further reflects that when Officer … Continue reading

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CA7: No standing in a stolen car; PC anyway for automobile exception

Defendant was driving a stolen car. He had no standing in it. Besides, the search was good under the automobile exception with probable cause. United States v. Ostrum, 2024 U.S. App. LEXIS 10076 (7th Cir. Apr. 25, 2024). The Labor … Continue reading

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W.D.N.C.: Smell of alcohol alone doesn’t permit search for open container

The smell of alcohol alone wasn’t justification for a search of defendant’s car for an open container. United States v. Gibson, 2024 U.S. Dist. LEXIS 70389 (W.D.N.C. Apr. 17, 2024). Petitioner’s claim defense counsel was ineffective for not seeking the … Continue reading

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D.P.R.: Indictment for possession of switches to convert handguns to machine guns justified vehicle search when defendant was stopped

Defendant was indicted for possession of conversion devices to make handguns machine guns. That justified search of his car when he was stopped. United States v. Berríos-Aquino, 2024 U.S. Dist. LEXIS 66657 (D.P.R. Apr. 4, 2024). The DEA subpoena for … Continue reading

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M.D.La.: Automobile exception doesn’t apply to car parked in owner’s garage

Under Collins, the automobile exception does not apply to a car parked in the owner’s garage. United States v. Dejoie, 2024 U.S. Dist. LEXIS 64270 (M.D. La. Apr. 8, 2024). “The exclusionary rule does not apply to ‘physical evidence that … Continue reading

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CA5: PC showing for house in affidavit for SW also supported automobile exception search of car elsewhere

The affidavit for the warrant for defendant’s house also provided nexus to defendant’s car. When it was driven away from the house just before the search, the police decided to stop and search it. That search was valid under the … Continue reading

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D.Minn.: Hidden compartment could be searched under automobile exception

Under the automobile exception, a search of a compartment underneath the dashboard paneling was reasonable. United States v. Payton, 2024 U.S. Dist. LEXIS 57065 (D. Minn. Mar. 29, 2024).* The search issues on appeal weren’t the issues in the trial … Continue reading

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CA2: District court erred in suppressing a SW executed at 6 am where SW and Rule 41 say 6 am to 10 pm

This search warrant was executed at 6 am, and the district court erred in granting the motion to suppress. “While 6:00 a.m. is the earliest time provided, it cannot be said that executing a warrant in accordance with its text–which … Continue reading

Posted in Automobile exception, Knock and announce, Nighttime search, Reasonable suspicion, Warrant execution | Comments Off on CA2: District court erred in suppressing a SW executed at 6 am where SW and Rule 41 say 6 am to 10 pm

PA: PO could send parolee’s GPS tracking to CID

Defendant was on parole for armed robbery, wearing a GPS tracker. It was reasonable for parole to send his tracking information to a detective investigating him for another robbery. Commonwealth v. Rosendary, 2024 PA Super 51, 2024 Pa. Super. LEXIS … Continue reading

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GA: SW for blood draw specifically didn’t mention testing

Where the search warrant for defendant’s blood only permitted drawing the blood and not testing it, testing it required another warrant. State v. De La Paz, 2024 Ga. App. LEXIS 98 (Mar. 8, 2024). Defendant’s conviction was based in part … Continue reading

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NJ: Prior knowledge def probably had drugs in car didn’t require SW, and automobile exception still applied

Prior knowledge defendant might have marijuana in his car didn’t require the police to get a search warrant for the car. The automobile exception still applied. [Eight months afterward, NJ legalized marijuana.] State v. Baker, 2024 N.J. Super. LEXIS 24 … Continue reading

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D.Utah: Automobile exception permits search under the hood

The automobile exception permits a search under the hood, even if it is not the most likely spot to find drugs and a weapon. Here, a clip was found in the car, and the gun it belonged to under the … Continue reading

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The automobile exception is 99 today

The automobile exception is 99 today. Carroll v. United States, 267 U.S. 132 (1925). The offense date: December 15, 1921. The place: Pike 16, 16 miles east of Grand Rapids, Michigan. The car: an Oldsmobile Roadster: The car was likely … Continue reading

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E.D.Cal.: Motion for return of property can’t be granted while criminal proceedings still pending

A motion for return of property involved in a criminal case can’t be entertained until all proceedings have concluded. Here, the 2255 has neither been filed nor resolved. United States v. Kindley, 2024 U.S. Dist. LEXIS 31431 (E.D. Cal. Feb. … Continue reading

Posted in Automobile exception, Protective sweep, Rule 41(g) / Return of property | Comments Off on E.D.Cal.: Motion for return of property can’t be granted while criminal proceedings still pending

CA2: A temporal limitation on the SW would have been better, but it’s still cured by GFE

It would have been better for the search warrant to have included a temporal limitation, but that doesn’t have to be decided because the good faith exception is found to apply in any event. United States v. Saint Clair, 2024 … Continue reading

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VA: Automobile exception doesn’t require “ready mobility” and this car was totaled in a wreck

Defendant’s car was totaled in a wreck, and it couldn’t be driven. Nevertheless, the automobile exception applied to it. After Carney, “ready mobility” is no longer required because of the lesser expectation of privacy in a car compared to a … Continue reading

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N.D.Tex.: Rule 41 doesn’t apply to forfeiture actions; Supplemental Rule G(8)(a) does

The government sought forfeiture of the owner’s cash after it was seized at DFW after a dog sniff on his bag. The owner responded with a motion to suppress under Rule 41, but that doesn’t apply in forfeiture cases. Supplemental … Continue reading

Posted in Automobile exception, Forfeiture, Probable cause | Comments Off on N.D.Tex.: Rule 41 doesn’t apply to forfeiture actions; Supplemental Rule G(8)(a) does

W.D.Pa.: Affidavit for SW failed to show PC, but it wasn’t completely bare bones, so GFE applies

The affidavit averred that defendant came from his house and got in his car manifesting characteristics of somebody who was probably armed, although the officers could see no gun. This is all inference, which isn’t precluded. The affidavit is not … Continue reading

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