{"id":51284,"date":"2022-01-26T10:11:12","date_gmt":"2022-01-26T15:11:12","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=51284"},"modified":"2022-01-26T10:12:09","modified_gmt":"2022-01-26T15:12:09","slug":"cal-3-warrantless-seizure-of-car-to-get-a-warrant-for-it-was-without-pc-and-search-suppressed","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=51284","title":{"rendered":"Cal.3: Warrantless seizure of car to get a warrant for it was without PC and search suppressed"},"content":{"rendered":"\n<p>In this murder case, officers had a search warrant for defendant&#8217;s house and any cars on the property. They learned he had another car at a ranch of a friend. They entered the friend\u2019s property and seized the car and towed it in. Then they got a search warrant for the car. The automobile exception doesn\u2019t apply here because the state can\u2019t show probable cause for the car to seize it without a warrant. DNA from the car was used in the murder trial. <a href=\"https:\/\/www.courts.ca.gov\/opinions\/documents\/C090482.PDF\">People v. Rorabaugh<\/a>, 2022 Cal. App. LEXIS 60 (3d Dist. Jan. 25, 2022).<\/p>\n\n\n\n<p>Defendant\u2019s admission he had a couple of ounces of meth on him led to a search, and it was reasonable to conclude he also consented to search of the bag it was in. United States v. Alonso, 2022 U.S. Dist. LEXIS 12776 (D.Alaska Jan. 24, 2022).<\/p>\n","protected":false},"excerpt":{"rendered":"<p>In this murder case, officers had a search warrant for defendant&#8217;s house and any cars on the property. They learned he had another car at a ranch of a friend. They entered the friend\u2019s property and seized the car and &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=51284\">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":[36,24],"tags":[],"class_list":["post-51284","post","type-post","status-publish","format-standard","hentry","category-automobile-exception","category-consent"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/51284","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=51284"}],"version-history":[{"count":3,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/51284\/revisions"}],"predecessor-version":[{"id":51287,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/51284\/revisions\/51287"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=51284"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=51284"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=51284"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}