Category Archives: Automobile exception

D.Vt.: Coast Guard’s reboarding boat was with PC

It was revealed there was a firearm on board, and a later warrants check revealed a conviction that was wrong. Yet, it turned out later there was yet another not mentioned. The Coast Guard reboarded and took the gun and … Continue reading

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OH5: Obvious typo in SW paperwork can be overlooked

Obvious typographical error in search warrant papers can be overlooked. State v. Crisp, 2025-Ohio-1718, 2025 Ohio App. LEXIS 1690 (5th Dist. May 13, 2025). Walking away from a police encounter is permitted, but here the officers had reasonable suspicion based … Continue reading

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E.D.Mo.: Carpenter does not protect ISP information

Carpenter creates no protection for ISP subscriber information. No Due Process rights were violated though a § 1509 summons. United States v. Meyrand, 2025 U.S. Dist. LEXIS 84060 (E.D. Mo. May 2, 2025).* This court declined to abandon the automobile … Continue reading

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D.Alaska: Despite SW affidavit’s failures, search of car otherwise valid under automobile exception

The showing for the search warrant for defendant’s car and cell phone was completely deficient. As to the car, its search is sustained under the automobile exception instead, but the phone extraction is suppressed. United States v. Carlton, 2025 U.S. … Continue reading

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IN: Greyhound bus subject to automobile exception because dog alerted on luggage compartment

If you’re riding a bus and drugs are found on one, are all subject to search. The answer can’t be yes, but it is here: Defendant was a passenger on a Greyhound bus on I-80. The bus crossed the centerline … Continue reading

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The automobile exception is 100 today

The automobile exception is 100 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, which I surmise is now the route of I-96 … Continue reading

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D.Minn.: The fact a gun wasn’t found in def’s car doesn’t mean there wasn’t PC to search

“Defendant’s flight from law enforcement is, however, not the only basis to support the existence of probable cause to believe that evidence of a crime or contraband would be found in the Jeep. The probable cause to search the Jeep … Continue reading

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NC: Knock-and-talk led to smell of MJ and attempt to bar the door, and that was exigency

The officer came to defendant’s door for a knock-and-talk about marijuana sales, and, when the door was opened, he could smell marijuana. Defendant shut the door and attempted to put a bar up to block access, and that was all … Continue reading

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CA8: Car on car hauler’s tractor trailer still mobile for automobile exception

Defendant shipped a car on a car hauler paying in advance. All things considered, the hauler suspected drugs were involved because it had happened to him before. He called HSI which came to investigate. On the totality, there was probable … Continue reading

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IL: Smell of raw cannabis from car in a recreational state is still PC

“In sum, we hold that the odor of raw cannabis coming from a vehicle being operated on an Illinois highway, alone, is sufficient to provide police officers, who are trained and experienced in distinguishing between burnt and raw cannabis, with … Continue reading

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OH12: No reason why a federal search warrant can’t result in a state prosecution

A federal search warrant produced the drugs in question, and they were not inadmissible for that reason in a state prosecution. State v. Hana, 2024-Ohio-5548, 2024 Ohio App. LEXIS 4234 (12th Dist. Nov. 25, 2024). The trial court found that … Continue reading

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PA: Merely reaching in car to secure gun in plain view was reasonable under state’s more stringent automobile exception

It was reasonable for the officer to reach in an open door and secure a gun seen in plain view under Pennsylvania’s more stringent automobile exception. Commonwealth v. Saunders, 2024 Pa. LEXIS 1734 (Nov. 20, 2024) (and there’s three opinions; … Continue reading

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N.D.Iowa: DUI stop justifies search for open containers

Defendant’s DUI stop justified a search for open containers, and a firearm was validly found. United States v. Stuckey, 2024 U.S. Dist. LEXIS 207801 (N.D. Iowa Nov. 15, 2024). Defendant moved to suppress a cell phone warrant at the border … Continue reading

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IN: Search of passenger’s bag in car before handing it over so he could leave was reasonable when there was PC as to the car

After a traffic stop of a rental vehicle produced a marijuana smell, the driver and passenger were detained. The passenger was shortly let go and asked for his bag from the car. The officer’s search of the bag before handing … Continue reading

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OK: Exclusion not the remedy for knock-and-announce violation under state constitution either

Exclusion is not the remedy for a knock-and-announce violation, following Hudson under state constitution, too. State v. Velasquez, 2024 OK CR 29, 2024 Okla. Crim. App. LEXIS 28 (Oct. 24, 2024). Officers had a warrant for defendant’s arrest, and when … Continue reading

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SD: PC for drugs as to driver extends to passenger’s purse

Once there was probable cause to search a vehicle because of what was on the driver, there was also probable cause to search the purse of his passenger. State v. Edwards, 2024 S.D. 62, 2024 S.D. LEXIS 136 (Oct. 16, … Continue reading

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IA: When there’s PC and the automobile exception, inventory irrelevant

There was probable cause for search of the car under the automobile exception so the impoundment and inventory are irrelevant. State v. Baylor, 2024 Iowa App. LEXIS 740 (Oct. 16, 2024).* Defendant’s car was parked with lights on at night … Continue reading

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YouTube: How has the Supreme Court applied the Fourth Amendment in the context of automobiles?

YouTube: How has the Supreme Court applied the Fourth Amendment in the context of automobiles? with Orin Kerr

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CA2: A wrecked vehicle that has to be towed away is mobile for the automobile exception

Defendant wrecked his rental car and it was undriveable. It was still subject to the automobile exception because it would almost certainly be towed away, and that’s mobility. United States v. Jones, 2024 U.S. App. LEXIS 25563 (2d Cir. Oct. … Continue reading

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IN: Warrantless pulling on a loose car door panel was with PC and reasonable

The officer’s warrantless pulling on a loose car door panel with probable cause was not an unreasonable search under the Fourth Amendment or state constitution. Young v. State, 2024 Ind. App. LEXIS 279 (Oct. 4, 2024). The arrival of drug … Continue reading

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