Daily Archives: October 11, 2024

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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D.Md.: Waiting for backup doesn’t unreasonably extend a stop under Rodriguez

Waiting for backup is for legitimate safety concerns and does not unreasonably extend a stop under Rodriguez. United States v. Bagayoko, 2024 U.S. Dist. LEXIS 185066 (D. Md. Oct. 9, 2024):

Posted in Reasonableness | Comments Off on D.Md.: Waiting for backup doesn’t unreasonably extend a stop under Rodriguez

OH: Even when the driver isn’t the owner with a suspended DL, it’s not unreasonable to ask for his DL

The stop was because the vehicle owner had an expired DL. When the officer discovers the driver is not the owner, the officer does not act unreasonably in asking for the driver’s DL. State v. Dunlap, 2024-Ohio-4821, 2024 Ohio LEXIS … Continue reading

Posted in Reasonable expectation of privacy, Reasonable suspicion, Reasonableness | Comments Off on OH: Even when the driver isn’t the owner with a suspended DL, it’s not unreasonable to ask for his DL