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Automobile exception applied even though car was locked and keys were in defendant's pocket at jail

By John Wesley Hall, Jr.

The defendant's car was subject to the automobile exception even though it was locked, he was in custody, and he had the only key. Coolidge did not apply because it did not involve normal exigency. United States v. Dallas, 2009 U.S. Dist. LEXIS 24600 (E.D. N.C. March 23, 2009): In this case, both requirements of the "automobile exception" are present. The Fourth Circuit has interpreted the "readily mobile" requirement of the "automobile exception" to mean that a car need only be "clearly operational." Brookins, 345 F.3d at 238. Defendant's car was clearly operational as defendant had been driving it just a few hours prior to the police searching it. That defendant had the keys to the car does not render the car any less "readily mobile" under the standard that guides this court's analysis...continue to full post

Full post as published by Fourth Amendment on April 01, 2009 (boomark / email).