What is the test for the automobile exception to the search warrant requirement?

California, United States of America


The following excerpt is from Kennedy v. Superior Court of Alameda Cnty., A140199 (Cal. App. 2014):

Petitioner first suggests the automobile exception should not apply here because his vehicle was not "readily mobile." Presumably, petitioner's point is that the vehicle was not mobile because there was no one else to drive the vehicle away after he was placed under arrest. The contention is meritless. Ready mobility is not the sole basis for the exception to the warrant requirement. (California v. Carney (1985) 471 U.S. 386, 390. ) The exception is also based upon a lesser expectation of privacy in one's vehicle as opposed to one's home. (Id. at p. 391.) Further, the application of the automobile exception "is not contingent upon whether the particular automobile could actually be moved at the time of the search." (People v. Superior Court (Overland), supra, 203 Cal.App.3d at p. 1118.)

Other Questions


Does the search warrant for "any vehicles" provision in the first warrant for a search warrant apply to a vehicle search? (California, United States of America)
Does the exclusionary rule apply when an officer acting with objective good faith has obtained a search warrant for the search warrant under the Golden Gate Drive search warrant? (California, United States of America)
Does the affidavit supporting a search warrant invalidate the search warrant for a home searched for a stolen gun after the original warrant was issued? (California, United States of America)
For the purposes of a search warrant, can the search warrant be used in the search of a defendant's automobile, at the police station and some time after his arrest? (California, United States of America)
If a search warrant authorizes a search, can the warrant authorizations to search the bag be added to the warrant? (California, United States of America)
If a search warrant was obtained during a search and seizure of a shotgun, would the search warrant be invalid as fruit of the poisonous tree? (California, United States of America)
Does the search in the search warrant form part of a search warrant? (California, United States of America)
Is a search made under warrant valid if the search was conducted in accordance with the search warrant? (California, United States of America)
Is a search of a toolbox search reasonable because the father's consent qualified under the third party-consent exception to warrant requirements? (California, United States of America)
Can a search warrant be used to search for and seize items beyond the scope of the search warrant? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.