I am working on a case in which a private citizen reported to the police that his neighbor had been drinking, got in an argument and left in his car. The tipster reported that the neighbor was drunk and driving. He gave the likely direction of travel and type of car. Cops notified by dispatch saw a car that matched


Continue Reading Can My Car Be Stopped Based On An Anonymous Tip?

 A recent Idaho Court of Appeals decision follows recent United States Supreme Court precedent, allowing a search of a car incident to arrest, even if the defendant is in custody at the time of the search, and unable to reach into the vehicle at the time of the search. The Idaho case is State v. Cantrell, decided by Judge


Continue Reading Idaho Court of Appeals Upholds Warrantless Search of Car – Just Like The United States Supreme Court Did

 In US v. Pinedo-Moreno, decided January 11, 2010, the 9th Circuit Court of Appeals held that: (1) there is no expectation of privacy in a car parked in your driveway. Police officers had attached a tracking device to the underside of the appellants car, while it sat awaiting the return of its owner. The court said that the homeowner


Continue Reading Ninth Circuit Says Automobile Tracking Device Not A Search