CA3 adopts no REP for “wrongful presence” in stolen car

Defendant was driving a stolen car, and the officer who stopped him was alerted by a license plate reader. He’d robbed a post office and convenience stores of blank money orders. “Although we have not reached the question before, it is hardly surprising that several other courts have held that the possessor of a stolen vehicle lacks standing to challenge a search of the vehicle.” United States v. White, 504 Fed. Appx. 168 (3d Cir. 2012).

Based on wiretaps, officers learned of an impending break-in to steal money from a drug dealer. They came to the scene, and two were running from the house. They had probable cause for the stop and arrest, and the search of the car was valid either as search incident, automobile exception, or the inevitable inventory. United States v. Martinez, 2012 U.S. Dist. LEXIS 163990 (D. Mass. November 16, 2012).*

Probable cause developed and that justified the search of defendant’s automobile under the automobile exception. United States v. Boyd, 2012 U.S. Dist. LEXIS 163187 (W.D. Pa. November 15, 2012).*