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SI of passenger compartment can give PC for automobile exception search of trunk

By John Wesley Hall, Jr.

Defendant was a recent occupant of the car, so a search incident of the passenger compartment was valid under Thornton. The result of that search provided justification for a search of the trunk under the automobile exception. United States v. Dryden, 2008 U.S. Dist. LEXIS 57817 (D. Del. July 29, 2008).* Affidavit provided detailed current information, and it was reasonable to find probable cause. Accordingly, the good faith exception would apply as well. United States v. Mitchell, 2008 U.S. Dist. LEXIS 57815 (D. Del. July 29, 2008).* Plaintiff's specific excessive force claim was not clearly established at the time of the shooting, so qualified immunity defeats it. Plaintiff escaped from home detention and the USMS was looking for him. The case law plaintiff relied upon was a shooting after the threat had passed, and this case involved an ongoing threat...continue to full post

Full post as published by Fourth Amendment on August 06, 2008 (boomark / email).