{"id":46842,"date":"2021-01-13T13:10:42","date_gmt":"2021-01-13T18:10:42","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=46842"},"modified":"2021-01-13T13:10:42","modified_gmt":"2021-01-13T18:10:42","slug":"cal-4-drunk-in-public-with-a-vehicle-justifies-a-vehicle-search-under-the-automobile-exception","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=46842","title":{"rendered":"Cal.4: Drunk in public with a vehicle justifies a vehicle search under the automobile exception"},"content":{"rendered":"\n<p>Drunk in public with a vehicle justifies a vehicle search under the automobile exception. <a href=\"https:\/\/www.courts.ca.gov\/opinions\/documents\/D077024.PDF\">People v. Sims<\/a>, 2021 Cal. App. LEXIS 33 (4th Dist. Jan. 12, 2021).<\/p>\n\n\n\n<p>A search warrant that resulted in a search where three buildings were on the property was sufficiently particular because the place to be searched was identified and correctly searched. \u201cAlthough the Complaint and Search Warrant here included different addresses, there was no risk that Busby would search the wrong place. He was, after all, both the affiant of the Complaint and the executor of the Search Warrant\u2014he knew that Stadelbacher&#8217;s mobile home was the object of the search. This was reflected in the captions; and the fact that the other two addresses were not searched further suggests that their addition was harmless and likely the result of carelessness. Moreover, the description of Stadelbacher&#8217;s mobile home was consistent and repeatedly stated. Despite the apparent ambiguity, there was no chance that the error might lead to another location being searched by mistake.\u201d United States v. Stadelbacher, 2021 U.S. Dist. LEXIS 5472 (S.D. Ill. Jan. 12, 2021).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Drunk in public with a vehicle justifies a vehicle search under the automobile exception. People v. Sims, 2021 Cal. App. LEXIS 33 (4th Dist. Jan. 12, 2021). A search warrant that resulted in a search where three buildings were on &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=46842\">Continue reading <span class=\"meta-nav\">&rarr;<\/span><\/a><\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[36,65],"tags":[],"class_list":["post-46842","post","type-post","status-publish","format-standard","hentry","category-automobile-exception","category-particularity"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/46842","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=46842"}],"version-history":[{"count":1,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/46842\/revisions"}],"predecessor-version":[{"id":46843,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/46842\/revisions\/46843"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=46842"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=46842"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=46842"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}