There is probable cause to believe that there’s evidence of the crime in a stolen car. “It follows on this record that at a minimum there was also probable cause to believe that evidence of those suspected crimes (either car theft or knowing possession of a stolen car) would be located in the car. As the government points out, it stands to reason that there was a fair probability that evidence relevant to who owned the car and how Defendant came to be in possession of it would be found in the car itself.” (There is also the question of lack of standing in a stolen car not needed to be decided.) United States v. Allen, 2022 U.S. Dist. LEXIS 212839 (N.D. Cal. Nov. 23, 2022).
Defendant’s consensual encounter escalated into an investigative detention. The court of appeals found it was not, and that court is reversed. The question of reasonable suspicion for the detention has not been decided, so remanded for that. Monjaras v. State, 2022 Tex. Crim. App. LEXIS 831 (Nov. 23, 2022) (5-4).*
“Viewed as a whole, the affidavit supporting the search warrant provided probable cause to authorize the search of Shostak’s car. First, officers independently corroborated much of the information given by the informant. The informant told officers that Shostak was selling drugs, driving a black Jaguar car, and known to frequent two addresses in Helena, Montana. Officers then established Shostak’s presence at one of the addresses and linked him with a black Jaguar car found at the address. Officers also confirmed with the registered owner of the Jaguar that he had recently sold the car to Shostak. Second, the information from the informant made up only a fraction of the details conveyed in the affidavit. …” United States v. Shostak, 2022 U.S. App. LEXIS 32432 (9th Cir. Nov. 23, 2022).*