On a stop and arrest with probable cause for odor of marijuana, officer had informant information that contraband would be hidden in the dashboard. This justified the officer looking into the air conditioning vent with a flashlight. Then, a hidden compartment in the dash was found with a gun hidden there. The entire search was justified under the automobile exception. United States v. Luna-Ilarraza, 2007 U.S. Dist. LEXIS 86955 (D. P.R. November 27, 2007):<\/p>\n
However, Officer Berrios’ additional reason for looking into the air conditioning vent, that a confidential informant had stated that there was a compartment in the dashboard which contained contraband, combined with her own knowledge and under the totality of the circumstances, also supplied probable cause for the search. The confidential informant described the vehicle in make and color, gave its licence plate number and location, and specified that there was marijuana in the trunk and contraband in the dashboard area. Having stopped the car described by the informant after spotting it at the identified location, verified that the licence plate matched the one given by the informant and discovered marijuana in the trunk, just as the informant had asserted, those portions of the information were corroborated as accurate. “In testing the sufficiency of probable cause for an officer’s action even without a warrant, we have held that he may rely upon information received through an informant, rather than upon his direct observations, so long as the informant’s statement is reasonably corroborated by other matters within the officer’s knowledge.” Jones v. U.S.<\/em><\/a>, 362 U.S. 257, 269 (1960) (overruled on other grounds by U.S. v. Salvucci<\/em><\/a>, 448 U.S. 83 (1980)). Even if the officers did not know the identity of the informant, under the totality of the circumstances, including the corroboration of virtually every aspect of the tip, it was reasonable for them to believe that contraband was being housed within the air conditioning vents and gauge cluster in the passenger area of the vehicle. See U.S. v. Sandoval-Espana<\/em>, 459 F.Supp.2d 121 (D.R.I. 2006). In sum, the totality of the circumstances of this case establish the probable cause necessary to sustain the warrantless search of both the trunk and the gauge cluster of defendant’s car under the automobile exception.<\/p>\n
Lastly, the fact that the weapon was within a compartment does not invalidate the search. It has been clearly established by the Supreme Court that the privacy interest in closed containers within a car yields to the broad scope of an automobile search. California v. Acevedo<\/em><\/a>, 500 U.S. 565, 574 (1991). “[T]he law recognizes that a vehicle search under this exception may encompass all areas of the vehicle in which the suspected contraband is likely to be found.” U.S. v. Staula<\/em>, 80 F.3d 596, 602 (1st Cir. 1996) (citing United States v. Maguire<\/em>, 918 F.2d 254, 260 (1st Cir.1990), cert. denied<\/em>, 499 U.S. 950 (1991)). <\/p><\/blockquote>\n
“An officer’s observation of a vehicle straying out of its lane multiple times over a short distance creates reasonable suspicion that the driver violated [the state statute] so long as the strays could not be explained by adverse physical conditions such as the state of the road, the weather, or the conduct of law enforcement.” United States v. Egan<\/a>, 256 Fed. Appx. 191 (10th Cir. 2007)* (unpublished).<\/p>\n
Even a bad seizure of cash can still lead to a forfeiture if the government can find untainted evidence to prove it. United States v. $172,760.00 in United States Funds, 2007 U.S. Dist. LEXIS 86974 (M.D. Ga. November 27, 2007):<\/p>\n
Evidence obtained in the course of a search that violates the Fourth Amendment is inadmissible in a civil forfeiture proceeding. One 1958 Plymouth Sedan v. Pennsylvania<\/em><\/a>, 380 U.S. 693, 702 (1965). However, it is well-established that an illegally seized asset can still be the subject of a civil forfeiture proceeding if the Government can meet its burden of proof with untainted evidence. See, e.g., United States v. Monkey<\/em>, 725 F.2d 1007, 1012 (5th Cir. 1984); ….<\/p><\/blockquote>\n","protected":false},"excerpt":{"rendered":"
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