Whether the engine of a mobile home was running or not doesn\u2019t matter. It was capable of movement so the search was valid under the automobile exception. “The fact that the motor home had a bathroom and kitchen and looked lived in does not have any bearing on the motor home’s apparent ability to be readily mobile.” \u201cThere were no outward and apparent circumstances indicating that the vehicle was incapable of or not intended for transportation–such as the motor home being placed on cinder blocks or located in an area where it was suitable for residential use.\u201d United States v. Bigbee, 2022 U.S. Dist. LEXIS 6976 (D.Minn. Jan. 13, 2022).<\/p>\n\n\n\n
The U.S. Court of Claims doesn\u2019t have jurisdiction over collateral review of convictions even with a Fourth Amendment claim. Therefore, there\u2019s no appellate review either. Myles v. United States<\/a>, 2022 U.S. App. LEXIS 1030 (Fed. Cir. Jan. 13, 2022).*<\/p>\n\n\n\n There was reasonable suspicion for continuing this roadside detention from the conflicting stories they had and the fact defendant was increasing nervousness and shaking hands. United States v. McNeil<\/a>, 2022 U.S. App. LEXIS 1082 (4th Cir. Jan. 13, 2022).*<\/p>\n","protected":false},"excerpt":{"rendered":" Whether the engine of a mobile home was running or not doesn\u2019t matter. It was capable of movement so the search was valid under the automobile exception. “The fact that the motor home had a bathroom and kitchen and looked … Continue reading