N.D.Tex.: Officers don’t have to say they have PC before an automobile exception search

The officers didn’t say they had probable cause at the beginning of the search of the vehicle, but on the totality they did. United States v. Wesley, 2022 U.S. Dist. LEXIS 200320 (N.D. Tex. Nov. 3, 2022).* The Fourth Amendment doesn’t require any officer to say that they have probable cause before they search – a common layperson’s misconception I’ve heard before. And see the Idaho case two days ago on not beginning informed of the reason for arrest.

Officers patrolling an apartment building parking lot on foot came upon a car with drugs in plain view. State v. Tabb, 2022-NCCOA-717, 2022 N.C. App. LEXIS 744 (Nov. 1, 2022).*

The officer had a reasonable belief that the probationer was staying at the home searched. State v. Lucas, 2022-NCCOA-714, 2022 N.C. App. LEXIS 719 (Nov. 1, 2022).*

There was probable cause for the warrant, and it particularly described the clothing worn by the robber that the police were looking for. People v. Fernandez, 2022 NY Slip Op 06137, 2022 N.Y. App. Div. LEXIS 6020 (2d Dept. Nov. 2, 2022).*

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