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North Carolina Supreme Court: Outstanding Warrant for Driver Who Fled Accident Scene Does Not Authorize Inventory Search of Disabled Vehicle by Anthony Accurso by Anthony W. Accurso The Supreme Court of North ­Carolina held that the warrantless search of a disabled vehicle was not reasonable when officers had the authority …
Article • February 15, 2024 • from CLN February, 2024
Minnesota Supreme Court Announces Odor of Marijuana Alone Emanating From Vehicle Insufficient for Probable Cause to Search Under Automobile Exception by Anthony Accurso by Anthony W. Accurso  The Supreme Court of Minnesota ruled that the standard for probable cause to conduct a warrantless search of a vehicle requires more than …
Article • February 15, 2024 • from CLN February, 2024
Idaho Supreme Court Announces Adoption of ‘Primary Purpose’ Standard for Reviewing Police Decision to Impound Vehicles and Conduct Inventory Search to Prevent Pretextual Searches in Violation of Fourth Amendment by Anthony Accurso by Anthony W. Accurso The Supreme Court of Idaho overturned a district court’s denial of a defendant’s suppression …
Article • February 15, 2024 • from CLN February, 2024
Car Culture Dramatically Increases Number of Cop Confrontations by Matthew Clarke by Matt Clarke In the early 20th century, mass production of automobiles caused a fundamental shift in American culture. One aspect of the emergent Car Culture was an increased number of interactions between police and the public that was …
Third Circuit: Defendant Not on Rental Agreement Had Reasonable Expectation of Privacy in Car Because He Had Dominion and Control of Car Where Renter Gave Keys to Him, He Was in Possession of Them Upon Arrest, and Car Parked Nearby by Anthony Accurso by Anthony W. Accurso The U.S. Court …
Fifth Circuit: Fourth Amendment Seizure Occurred When Officer Pulled Behind Parked Vehicle, Activated Emergency Lights, and Simultaneously Ordered Suspect to Remain in Vehicle by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Fifth Circuit held that a Fourth Amendment seizure occurred when an officer, with emergency …
Article • May 4, 2023
Ninth Circuit Rules Honking One’s Car Horn Is Not Protected by the First Amendment by by Jordan Arizmendi The U.S. Court of Appeals for the Ninth Circuit ruled that honking a horn for any other reason than the safety of the driver and his or her passengers is not a …
Article • February 15, 2023 • from CLN March, 2023
Your Car Knows a Lot About You, and the Police Are Listening by Michael Thompson by Michael Thompson For years now, cars have allowed us to synch our devices with their onboard computers, giving us hands-free and Wi-Fi access along with a wealth of infotainment options. A user could be …
Article • February 15, 2022 • from CLN March, 2022
Oregon Supreme Court Announces Abandonment of Per Se Exigency Rule in Automobile Exception and Holds Warrantless Seizure or Search Must Be Based on Actual Exigent Circumstances by Jacob Barrett by Jacob Barrett  The Supreme Court of Oregon affirmed a circuit court order suppressing evidence discovered in a warrantless search conducted …
Article • August 15, 2021 • from CLN September, 2021
Big Brother Is Watching You Through Your Car by Jayson Hawkins by Jayson Hawkins More people are becoming aware that personal data is the currency of the Information Age in which we are living. Many have grown accustomed to taking steps to protect privacy on their phones and other digital …
Article • April 15, 2021 • from CLN May, 2021
New York Court of Appeals Rejects Federal Jurisprudence Allowing Searches of Vehicles Based on Warrants Authorizing Searches of ‘Premises’ by Douglas Ankney by Douglas Ankney The New York Court of Appeals declined the prosecution’s urging to adopt Federal jurisprudence allowing searches of vehicles based on warrants authorizing searches of premises. …
Article • January 15, 2021 • from CLN February, 2021
Ninth Circuit: Reasonable Suspicion Justifying Traffic Stop Doesn’t Provide Probable Cause to Open Door and Lean Inside Vehicle by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals ruled that reasonable suspicion permitting police to conduct a traffic stop did not provide police with probable cause to open the …
Article • July 15, 2020 • from CLN August, 2020
Washington Supreme Court: Defendant Detained for Search at Border Was ‘In Custody’ for Miranda Purposes by Douglas Ankney by Douglas Ankney The Supreme Court of Washington determined that Alejandro Escalante was “in custody” and entitled to the warnings enunciated in Miranda v. Arizona, 384 U.S. 436 (1966), when he was …
Article • May 15, 2020 • from CLN June, 2020
Filed under: Body Frisk
Massachusetts Supreme Judicial Court Clarifies Standards for Exit Order and Patfrisk by Anthony Accurso by Anthony Accurso The Supreme Judicial Court of the Commonwealth of Massachusetts affirmed the suppression of evidence resulting from a patfrisk that was conducted after the defendant had exited his vehicle unprompted by police, and twice …