N.D.Ga.: Dissipation of PC for automobile exception search?

Defendant argues dissipation of probable cause in an automobile exception search, but cites no cases. Probable cause always has to exist at the time of the search. One can imagine that it can go stale, but not generally, and not here. United States v. Valdovinos-Tafolla, 2024 U.S. Dist. LEXIS 105810 (N.D. Ga. June 13, 2024):

Defendant did not cite any authority to support his probable cause dissipation theory, and after performing independent research, the Court has not found any controlling authority dealing specifically with dissipation of probable cause for a search pursuant to the automobile exception. However, there are many cases that deal with the closely related issue of “staleness” of probable cause for search warrants. The “staleness doctrine in the context of probable cause … requires that the information supporting the government’s application for a warrant must show that probable cause exists at the time the warrant issues.” U.S. v. Bervaldi, 226 F.3d 1256, 1264 (11th Cir. 2000). Similarly, when officers conduct a search pursuant to the automobile exception, they must have probable cause at the time of the search to believe that the vehicle contains contraband or evidence of a crime. See U.S. v. Lanzon, 639 F.3d 1293, 1300 (11th Cir. 2011).

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