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Officers had probable cause to search defendant's car after he ran past it in flight from the police

By John Wesley Hall, Jr.

Defendant ran past his car in flight from officers and they had probable case. This was an exigent circumstance justifying a search of vehicle lest he get back to the vehicle and leave. State v. Neville, 2008 La. App. LEXIS 903 (4th Cir. June 4, 2008): In this case, the police officer was informed by the witness that the defendant was in route to the vehicle. Once the defendant realized Mr. Aubert was chasing him he ran past the vehicle and escaped on foot. It is clear that the defendant was aware that he was being pursued and abandoned his vehicle in the course of his escape. Had the vehicle not been searched at that time, the defendant surely could have had the vehicle picked up and driven away from the scene of the crime. Under the specific facts and circumstances of this case, it was reasonable for the police officers to believe that the vehicle may contain evidence of the burglaries, and that if they did not seize the vehicle, the evidence may be lost...continue to full post

Full post as published by Fourth Amendment on June 16, 2008 (boomark / email).