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LA5: Locked, blocked in car was not "readily mobile" when driver was not around with keys

By John Wesley Hall, Jr.

Odor of drugs coming from a locked car at a club in Louisiana that was blocked in by police cars, and the driver was not around to produce the keys. The car was not “readily mobile” for the automobile exception. State v. Millet, 2010 La. App. LEXIS 577 (La. App. 5th Cir. April 27, 2010). Defendant was validly arrested for being a resident of Massachusetts without a valid licence, having a New Brunswick license instead, but living here. His pickup truck was towed and inventoried, and the only issue was the validity of the arrest for driving without a license. If the arrest was valid, so was the search. Commonwealth v. Chown, 2010 Mass. App. LEXIS 519 (April 29, 2010).* In a § 1983 trial over consent to search, the trial court properly put the burden of proof on the defendants to prove that consent was voluntary...continue to full post

Full post as published by Fourth Amendment on May 02, 2010 (boomark / email).