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CA8: No requirement SW name the defendant

By John Wesley Hall, Jr.

The search of defendant's car was justified under the automobile exception because it was readily mobile and there was probable cause. As to the search of his house, there is no requirement that the search warrant name the defendant. United States v. Blaylock, 2008 U.S. App. LEXIS 16192 (8th Cir. July 31, 2008)*: Within this framework, we consider whether the search of the blue Nissan comports with the Fourth Amendment. The testimony about King driving the Nissan to meet Detective Ropka demonstrates that the Nissan was readily mobile. And, the car's registration to Blaylock and King indicates it was subject to regulations that necessarily diminished any expectation of privacy in the vehicle. The question, then, is whether probable cause existed for the search...continue to full post

Full post as published by Fourth Amendment on August 01, 2008 (boomark / email).