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Officer had PC as to a case tossed into a car, so that implicated automobile exception

By John Wesley Hall, Jr.

Officer had probable cause on the totality to search a case that the defendant tossed into a car, thereby making the car subject to search. United States v. Longmore, 2008 U.S. Dist. LEXIS 3523 (D. Conn. January 17, 2008): Normally a search requires a warrant but the automobile exception to that rule is relied on here. His tossing the case into the car justified a belief that defendant sought to hide something. That contraband was believed to be found in the car was reasonably reinforced by his drug denial. Given a car's mobility and one's diminished expectancy of privacy therein, that belief in the circumstances presented to the officers, warranted the look into the car and the case by Broems. See Pennsylvania v. Labron, 518 U.S. 938, 939, 116 S...continue to full post

Full post as published by Fourth Amendment on January 20, 2008 (boomark / email).