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 out of place as to constitute reasonable suspicion, along with a few other factors. United States v. Sanchez, 2022 U.S. Dist. LEXIS 77141 (W.D.Mo. Mar. 9, 2022),* adopted, 2022 U.S. Dist. LEXIS 77143 (W.D.Mo. Apr. 28, 2022).*
Defendant had no reasonable expectation of privacy in a vehicle he rode to where the car was parked. He neither owned nor operated it, he was a mere passenger and not there when it was searched. United States v. Bass, 2022 U.S. Dist. LEXIS 76337 (D.Mass. Apr. 27, 2022).*
“Make no mistake, though: proving entitlement to a Franks hearing is no easy task. A defendant must show both that the affiant included a false statement made intentionally, knowingly, or with reckless disregard for the truth and that, without the false statement, the remnants of the affidavit could not support probable cause. … The district court committed no error in ruling that Tate did not carry that heavy burden.” Omissions rarely make a Franks violation. United States v. Tate, 2022 U.S. App. LEXIS 11440 (6th Cir. Apr. 26, 2022).*