{"id":61714,"date":"2025-08-18T07:56:35","date_gmt":"2025-08-18T12:56:35","guid":{"rendered":"https:\/\/fourthamendment.com\/?p=61714"},"modified":"2025-08-20T10:40:05","modified_gmt":"2025-08-20T15:40:05","slug":"ca10-loud-exhaust-stop-led-to-valid-albeit-mixed-motive-warrant-arrest-and-inventory","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=61714","title":{"rendered":"CA10: Loud exhaust stop led to valid, albeit mixed motive, warrant arrest and inventory"},"content":{"rendered":"\n<p>Defendant\u2019s loud exhaust led to his stop and then finding a warrant which led to his arrest and inventory which turned up fentanyl and a gun. \u201cAnd although the officers decided to arrest Ulibarri for two reasons-properly for the bench warrants and improperly to search his car for evidence of a crime-the Fourth Amendment doesn&#8217;t prohibit these kinds of mixed motives.\u201d <a href=\"https:\/\/www.ca10.uscourts.gov\/sites\/ca10\/files\/opinions\/010111282921.pdf\">United States v. Ulibarri<\/a>, 2025 U.S. App. LEXIS 20949 (10th Cir. Aug. 15, 2025). Update CaseMine: <a href=\"https:\/\/www.casemine.com\/commentary\/us\/-community-caretaking-revisited:-united-states-v.-ulibarri-affirms-opperman-primacy-and-validates-mixed-motive-vehicle-impoundments-\/view\">Community-Caretaking Revisited: United States v. Ulibarri Affirms Opperman Primacy and Validates Mixed-Motive Vehicle Impoundments : 10th Cir.<\/a><\/p>\n\n\n\n<p>The officer did not unreasonably extend this stop. The officer here knew that the car wasn\u2019t stolen, but the computer check didn\u2019t readily confirm the car was an Enterprise rental. The drug dog arrived and the sniff occurred before the stop was completed. McGhee v. State, 2025 Tex. App. LEXIS 6229 (Tex. App. \u2013 Dallas Aug. 15, 2025).*<\/p>\n\n\n\n<p>Officers came to defendant\u2019s house on a CI\u2019s tip and evasive conduct at the door supplied more reasonable suspicion. United States v. Fuller, 2025 U.S. Dist. LEXIS 158918 (E.D. Va. Aug. 15, 2025).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Defendant\u2019s loud exhaust led to his stop and then finding a warrant which led to his arrest and inventory which turned up fentanyl and a gun. \u201cAnd although the officers decided to arrest Ulibarri for two reasons-properly for the bench &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=61714\">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":[44,39,35],"tags":[],"class_list":["post-61714","post","type-post","status-publish","format-standard","hentry","category-informant-hearsay","category-inventory","category-reasonable-suspicion"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/61714","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=61714"}],"version-history":[{"count":2,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/61714\/revisions"}],"predecessor-version":[{"id":61738,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/61714\/revisions\/61738"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=61714"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=61714"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=61714"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}