Oregon Supreme Court 10-06-11

by: Abassos • October 5, 2011 • no comments

Read the full article for details about the following new cases:

• Warrantless Searches - Automobile Exception

The Oregon Supreme Court today finds that the automobile exception does not permit a warrantless search of an immobile, parked and unoccupied vehicle. State v. Kurokawa-Lasciak

The automobile exception requires that: (1) the automobile is mobile at the time it's stopped by the police; and (2) the police have probable cause to search the automobile. The appellate court, in this case, believed that a car is mobile if it is operable. Since in this case, defendant's van was operable, the appellate court reasoned that it was mobile. Despite the fact that officers never saw defendant driving it, stopped defendant when he was 30 feet away from the van and developed probable cause when defendant was in a casino.

The Supreme Court reffirms past caselaw in finding that mobile means moving, not operable. Where the vehicle is parked and unoccupied at the time it is first encountered, the vehicle is not mobile and the automobile exception does not apply. Even if the defendant is in the general vicinity. State v. Kurokawa-Lasciak