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CA10: By time search occurred, it could not be justified as a SI, but the automobile exception applied

By John Wesley Hall, Jr.

By the time the search of defendant’s vehicle occurred, he was too far away from it to make it a valid search incident. The search, however, was valid under the automobile exception. United States v. Polly, 2011 U.S. App. LEXIS 864 (10th Cir. January 18, 2011).* The defendant did not fail in his burden of proof of showing a basis for pursuing his suppression motion when the government admitted that a warrantless search occurred, so it would have the burden of production. Therefore, a hearing is scheduled. United States v. Bourassa, 2010 U.S. Dist. LEXIS 139780 (N.D. N.Y. December 14, 2010).* Defendant passenger asserted no possessory interest in the car or its contents, so he lacked standing. State v. Mackey, 2011 N.C. App. LEXIS 49 (January 4, 2011)...continue to full post

Full post as published by Fourth Amendment on January 21, 2011 (boomark / email).