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Exigency under the automobile exception is shown by the vehicle mere being capable of mobility

By John Wesley Hall, Jr.

All the exigency requirement of the automobile exception requires is that the vehicle be capable of moving, and the government showed that here. United States v. Odom, 2008 U.S. Dist. LEXIS 89985 (S.D. Fla. September 11, 2008)*: Here, the evidence shows that Defendant's van appeared capable of functioning at the time of the search. Law enforcement observed Defendant drive the van into the parking lot, just moments before the search. Moreover, based on the CS' statements and recorded conversations, law enforcement had strong reason to believe the van had just been driven several hours from several miles away with no problem. Based on this evidence, there existed no reason for law enforcement to believe the van was not operational at the time of the search...continue to full post

Full post as published by Fourth Amendment on November 10, 2008 (boomark / email).