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Criminal Law

: Fourth Amendment

Impoundment of car did not disspate exigency for search under automobile exception

By John Wesley Hall, Jr.

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Police possession of a car for impoundment did not dissipate the initial exigency for an automobile search. The trial court's suppression order is reversed. State v. Ruiz, 2008 Ore. App. LEXIS 429 (April 2, 2008).* Malfunctioning taillight led to one occupants admission she was in possession of Xanax, so that justified a search incident. State v. Stoutes, 2008 La. App. LEXIS 475 (2d Cir. April 2, 2008).* The officer was justified in making a stop because defendant was waving down cars, apparently for the purpose of drug sales. A full blown search of the defendant was, however, unjustified. The video of the search contradicted the officer's testimony. State v. Whitehead, 2008 La. App. LEXIS 471 (2d Cir. April 2, 2008) (Comment: What? A cop lied? I'm shocked, shocked to hear that police officers might lie...continue to full post

Full post as published by Fourth Amendment on April 05, 2008 (boomark / email).

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