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Criminal Law

: Fourth Amendment

Driving a car to a drug purchase is sufficient to invoke the automobile exception

By John Wesley Hall, Jr.

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Merely using a car to get to the scene of a drug sale is sufficient for the government to invoke the automobile exception to search it. United States v. Abulaban, 2008 U.S. Dist. LEXIS 44563 (E.D. Va. June 6, 2008): Defendant distinguishes the facts before the Court from the cases allowing warrantless searches of cars that are instrumentalities of crime. He argues that, rather than probable cause to believe the car was used in the crime, "there was no reason to believe that there was anything in that car." Def.'s Reply to Pros.'s Response to Def.'s Mot. to Suppress at 4. There was no informant who told officers that there were drugs in the car, as in Maryland [v. Dyson], 527 U.S. at 465, and in United States v. Ross, 456 US 798, 102 S. Ct. 2157, 72 L...continue to full post

Full post as published by Fourth Amendment on June 11, 2008 (boomark / email).

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