13 Maine opinions name it 2 courts 1979–2021 2 in the last five years
The cases below were cited by Maine courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Carroll v. United Statesgreen2 sentences1991The automobile exception to the warrant requirement was first enunciated in Carroll v. United States, 267 U.S. 132, 149 , 45 S.Ct. 280, 283-84 , 69 L.Ed. 543 (1925). 1991The automobile exception to the warrant requirement was first enunciated in Carroll v. United States, 267 U.S. 132, 149 , 45 S.Ct. 280, 283-84 , 69 L.Ed. 543 (1925). | 2 | 5 |
State v. Irelandgreen2 sentences2021"Pursuant to the automobile exception, 'the existence of probable cause justifies a warrantless seizure and reasonable search of a motor vehicle irrespective of the existence of exigent circumstances."' State v. Melvin, 2008 ME 118,115 , 955 A.2d 245, 250 (Citing, State v. Ireland, 1998 ME 35, 17 , 706 A.2d 597, 599 )(citing, among others, US. v. Infante- Ruiz, 13 F.3d 498, 502 (I st Cir. 1994)("It is now established that if the police have probable cause to believe that either a vehicle or a container within a vehicle contains contraband, evidence of crime, or other matter that may lawfully b 2021"Pursuant to the automobile exception, 'the existence of probable cause justifies a warrantless seizure and reasonable search of a motor vehicle irrespective of the existence of exigent circumstances."' State v. Melvin, 2008 ME 118,115 , 955 A.2d 245, 250 (Citing, State v. Ireland, 1998 ME 35, 17 , 706 A.2d 597, 599 )(citing, among others, US. v. Infante- Ruiz, 13 F.3d 498, 502 (I st Cir. 1994)("It is now established that if the police have probable cause to believe that either a vehicle or a container within a vehicle contains contraband, evidence of crime, or other matter that may lawfully b | 2 | 3 |
United States v. Infante-Ruizgreen2 sentences2021"Pursuant to the automobile exception, 'the existence of probable cause justifies a warrantless seizure and reasonable search of a motor vehicle irrespective of the existence of exigent circumstances."' State v. Melvin, 2008 ME 118,115 , 955 A.2d 245, 250 (Citing, State v. Ireland, 1998 ME 35, 17 , 706 A.2d 597, 599 )(citing, among others, US. v. Infante- Ruiz, 13 F.3d 498, 502 (I st Cir. 1994)("It is now established that if the police have probable cause to believe that either a vehicle or a container within a vehicle contains contraband, evidence of crime, or other matter that may lawfully b 2016Pursuant to the automobile exception, "the existence of probable cause justifies a warrantless seizure and reasonable search of a motor vehicle irrespective of the existence of exigent circumstances." See, e.g., State v. Ireland, 1998 ME 35 , ~ 7, 706 A.2d 597 (citing, among others, US. v. Infante- Ruiz, 13 F.3d 498, 502 (1 51 Cir. 1994) ("It is now established that if the police have probable cause to believe that either a vehicle or a container within a vehicle contains contraband, evi ence of crime, or other matter tliat may lawfully oe seized, no Fourth Amendment violation occurs .... ")). | 2 | 2 |
State v. Melvingreen2 sentences2021"Pursuant to the automobile exception, 'the existence of probable cause justifies a warrantless seizure and reasonable search of a motor vehicle irrespective of the existence of exigent circumstances."' State v. Melvin, 2008 ME 118,115 , 955 A.2d 245, 250 (Citing, State v. Ireland, 1998 ME 35, 17 , 706 A.2d 597, 599 )(citing, among others, US. v. Infante- Ruiz, 13 F.3d 498, 502 (I st Cir. 1994)("It is now established that if the police have probable cause to believe that either a vehicle or a container within a vehicle contains contraband, evidence of crime, or other matter that may lawfully b 2021"Pursuant to the automobile exception, 'the existence of probable cause justifies a warrantless seizure and reasonable search of a motor vehicle irrespective of the existence of exigent circumstances."' State v. Melvin, 2008 ME 118,115 , 955 A.2d 245, 250 (Citing, State v. Ireland, 1998 ME 35, 17 , 706 A.2d 597, 599 )(citing, among others, US. v. Infante- Ruiz, 13 F.3d 498, 502 (I st Cir. 1994)("It is now established that if the police have probable cause to believe that either a vehicle or a container within a vehicle contains contraband, evidence of crime, or other matter that may lawfully b | 2 | 2 |
United States v. Solomon Philip Panitz, United States of America v. Andrew Stewart Baumwaldgreen2 sentences2021"Today, the inherent mobility of a motor vehicle coupled with the reduced expectation of privacy associated with it justifies the warrantless search of that vehicle so long as the search is supported by probable cause." State v. Tomah, 586 A.2d 1267, 1269 (Me. 1991)(Citing, State v. Tarantino, 587 A.2d 1095 (Me. 1991); United States v. Panitz, 907 F.2d 1267, 1271 (I'' Cir. 1990)). 1998State v. Izzo, 623 A.2d 1277, 1281-82 (Me.1993) (quoting United States v. Panitz, 907 F.2d 1267, 1272 (1st Cir.1990)). | 2 | 2 |
California v. Carneygreen2 sentences2021See Tarantino, 587 Page 14 of 17 A.2d at, 1098 (Me. 1991)(citations and quotations omitted); see also California v. Carney, 471 U.S. 386 (1985). 1991The United States Supreme Court, however, appears to have rejected the latter requirement in California v. Carney, 471 U.S. 386 , 105 S.Ct. 2066 , 85 L.Ed.2d 406 (1985). | 1 | 2 |
State v. Bouchlesgreen2 sentences1991Earlier Maine cases that addressed this requirement emphasized that the automobile exception required a showing both that “the searching officers [had] probable cause to believe that [the automobile] contained] contraband and exigent circumstances exist[ed] preventing the officers from getting a warrant in time.” State v. Bouchles, 457 A.2d 798, 799 (Me.1983), (emphasis in original). 1984He argues that this “warrantless search” exceeded the scope of the automobile exception recognized in State v. Patten, 457 A.2d 806 (Me.1983) and State v. Bouchles, 457 A.2d 798 (Me.1983). | 1 | 2 |
State v. Pattengreen2 sentences1984He argues that this “warrantless search” exceeded the scope of the automobile exception recognized in State v. Patten, 457 A.2d 806 (Me.1983) and State v. Bouchles, 457 A.2d 798 (Me.1983). 1983State v. Hassapelis, 404 A.2d 232, 237 (Me.1979) (zippered gym bag); see also State v. Patten, 436 A.2d 387 (Me.1981) (closed brown paper bag), vacated, 457 U.S. 1114 , 102 S.Ct. 2919 , 73 L.Ed.2d 1325 (1982), on remand, 457 A.2d 806 (Me.1983) (suppression order reversed); State v. Blais, 416 A.2d 1253 (Me.1980) (rolled up, opaque plastic bag). | 1 | 2 |
State v. Tomahgreen1 sentence2021"Today, the inherent mobility of a motor vehicle coupled with the reduced expectation of privacy associated with it justifies the warrantless search of that vehicle so long as the search is supported by probable cause." State v. Tomah, 586 A.2d 1267, 1269 (Me. 1991)(Citing, State v. Tarantino, 587 A.2d 1095 (Me. 1991); United States v. Panitz, 907 F.2d 1267, 1271 (I'' Cir. 1990)). | 1 | 1 |
State v. Michael M.green2 sentences2019Probable cause exists when the officers' personal knowledge of facts and circumstances, in combination with any reasonably trustworthy information conveyed to them, would warrant a prudent person to believe that the area to be,searched holds evidence of a crime." State v. Melvin, 2008 ME 118 , ,r 15, 955 A.2d 245, 250 (citations omitted); see also, State v. Michael M., 2001 ME 92 , ,r 6, 772 A.2d 1179, 1182 ("[p]robable cause to search exists when there is a fair probability that contraband or evidence of a crime will be found in a particular place"). 2019Probable cause exists when the officers' personal knowledge of facts and circumstances, in combination with any reasonably trustworthy information conveyed to them, would warrant a prudent person to believe that the area to be,searched holds evidence of a crime." State v. Melvin, 2008 ME 118 , ,r 15, 955 A.2d 245, 250 (citations omitted); see also, State v. Michael M., 2001 ME 92 , ,r 6, 772 A.2d 1179, 1182 ("[p]robable cause to search exists when there is a fair probability that contraband or evidence of a crime will be found in a particular place"). | 1 | 1 |
People v. Waxlergreen2 sentences2016See also People v. Waxler, 168 Cal. Rptr. 3d 822 : That California has decriminalized medicinal marijuana in some situations and has reduced the punishment associated with possession of up to an ounce of marijuana does not bar a law enforcement officer form conducting a search pursuant to the automobile exception. 2016Id. at 830-32 (internal citations omitted). | 1 | 1 |
State v. Drowngreen2 sentences2008“Probable cause exists when the officers’ personal knowledge of facts and circumstances, in combination with any reasonably trustworthy information conveyed to them, would warrant a prudent person to believe that the area to be searched holds evidence of a crime.... ” State v. Drown, 2007 ME 142, ¶ 8 , 937 A.2d 157, 159 (quotation marks omitted). [¶ 16] After Melvin stopped at the mandatory checkpoint, probable cause to search the cab of his tractor trailer arose because (1) Melvin’s logbook looked suspicious and possibly false; (2) Melvin denied being in possession of toll receipts; (3) toll 2008“Probable cause exists when the officers’ personal knowledge of facts and circumstances, in combination with any reasonably trustworthy information conveyed to them, would warrant a prudent person to believe that the area to be searched holds evidence of a crime.... ” State v. Drown, 2007 ME 142, ¶ 8 , 937 A.2d 157, 159 (quotation marks omitted). [¶ 16] After Melvin stopped at the mandatory checkpoint, probable cause to search the cab of his tractor trailer arose because (1) Melvin’s logbook looked suspicious and possibly false; (2) Melvin denied being in possession of toll receipts; (3) toll | 1 | 1 |
State v. Izzogreen1 sentence1998State v. Izzo, 623 A.2d 1277, 1281-82 (Me.1993) (quoting United States v. Panitz, 907 F.2d 1267, 1272 (1st Cir.1990)). | 1 | 1 |
State v. Pattengreen2 sentences1983State v. Hassapelis, 404 A.2d 232, 237 (Me.1979) (zippered gym bag); see also State v. Patten, 436 A.2d 387 (Me.1981) (closed brown paper bag), vacated, 457 U.S. 1114 , 102 S.Ct. 2919 , 73 L.Ed.2d 1325 (1982), on remand, 457 A.2d 806 (Me.1983) (suppression order reversed); State v. Blais, 416 A.2d 1253 (Me.1980) (rolled up, opaque plastic bag). 1983State v. Hassapelis, 404 A.2d 232, 237 (Me.1979) (zippered gym bag); see also State v. Patten, 436 A.2d 387 (Me.1981) (closed brown paper bag), vacated, 457 U.S. 1114 , 102 S.Ct. 2919 , 73 L.Ed.2d 1325 (1982), on remand, 457 A.2d 806 (Me.1983) (suppression order reversed); State v. Blais, 416 A.2d 1253 (Me.1980) (rolled up, opaque plastic bag). | 1 | 1 |
State v. Hassapelisgreen2 sentences1983State v. Hassapelis, 404 A.2d 232, 237 (Me.1979) (zippered gym bag); see also State v. Patten, 436 A.2d 387 (Me.1981) (closed brown paper bag), vacated, 457 U.S. 1114 , 102 S.Ct. 2919 , 73 L.Ed.2d 1325 (1982), on remand, 457 A.2d 806 (Me.1983) (suppression order reversed); State v. Blais, 416 A.2d 1253 (Me.1980) (rolled up, opaque plastic bag). 1983State v. Hassapelis, 404 A.2d 232, 237 (Me.1979) (zippered gym bag); see also State v. Patten, 436 A.2d 387 (Me.1981) (closed brown paper bag), vacated, 457 U.S. 1114 , 102 S.Ct. 2919 , 73 L.Ed.2d 1325 (1982), on remand, 457 A.2d 806 (Me.1983) (suppression order reversed); State v. Blais, 416 A.2d 1253 (Me.1980) (rolled up, opaque plastic bag). | 1 | 1 |
United States v. Clearygreen2 sentences1983State v. Hassapelis, 404 A.2d 232, 237 (Me.1979) (zippered gym bag); see also State v. Patten, 436 A.2d 387 (Me.1981) (closed brown paper bag), vacated, 457 U.S. 1114 , 102 S.Ct. 2919 , 73 L.Ed.2d 1325 (1982), on remand, 457 A.2d 806 (Me.1983) (suppression order reversed); State v. Blais, 416 A.2d 1253 (Me.1980) (rolled up, opaque plastic bag). 1983State v. Hassapelis, 404 A.2d 232, 237 (Me.1979) (zippered gym bag); see also State v. Patten, 436 A.2d 387 (Me.1981) (closed brown paper bag), vacated, 457 U.S. 1114 , 102 S.Ct. 2919 , 73 L.Ed.2d 1325 (1982), on remand, 457 A.2d 806 (Me.1983) (suppression order reversed); State v. Blais, 416 A.2d 1253 (Me.1980) (rolled up, opaque plastic bag). | 1 | 1 |
Maine v. Pattengreen2 sentences1983State v. Hassapelis, 404 A.2d 232, 237 (Me.1979) (zippered gym bag); see also State v. Patten, 436 A.2d 387 (Me.1981) (closed brown paper bag), vacated, 457 U.S. 1114 , 102 S.Ct. 2919 , 73 L.Ed.2d 1325 (1982), on remand, 457 A.2d 806 (Me.1983) (suppression order reversed); State v. Blais, 416 A.2d 1253 (Me.1980) (rolled up, opaque plastic bag). 1983State v. Hassapelis, 404 A.2d 232, 237 (Me.1979) (zippered gym bag); see also State v. Patten, 436 A.2d 387 (Me.1981) (closed brown paper bag), vacated, 457 U.S. 1114 , 102 S.Ct. 2919 , 73 L.Ed.2d 1325 (1982), on remand, 457 A.2d 806 (Me.1983) (suppression order reversed); State v. Blais, 416 A.2d 1253 (Me.1980) (rolled up, opaque plastic bag). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Maine. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
United States v. Ross
green
2 sentences1983In its decision, the United States Supreme Court in United States v. Ross, 456 U.S. at 825 , 102 S.Ct. at 2172 , 72 L.Ed.2d at 594 , declared that under the fourth amendment the scope of the warrantless search authorized by [the automobile exception recognized in Carroll,] is no broader and no narrower than a magistrate could legitimately authorize by warrant. 1983In its decision, the United States Supreme Court in United States v. Ross, 456 U.S. at 825 , 102 S.Ct. at 2172 , 72 L.Ed.2d at 594 , declared that under the fourth amendment the scope of the warrantless search authorized by [the automobile exception recognized in Carroll,] is no broader and no narrower than a magistrate could legitimately authorize by warrant. | 2 | 1983–1998 |
State v. Tarantino
green
1 sentence2021"Today, the inherent mobility of a motor vehicle coupled with the reduced expectation of privacy associated with it justifies the warrantless search of that vehicle so long as the search is supported by probable cause." State v. Tomah, 586 A.2d 1267, 1269 (Me. 1991)(Citing, State v. Tarantino, 587 A.2d 1095 (Me. 1991); United States v. Panitz, 907 F.2d 1267, 1271 (I'' Cir. 1990)). | 1 | 2021–2021 |
United States v. Staula
green
1 sentence1998The court stated: "Since the aroma of marijuana wafted from the passenger area, that region became fair game for a drug search under the automobile exception to the warrant requirement.” Id. | 1 | 1998–1998 |
State v. Currier
green
1 sentence1998Because the Staula court considered the area behind the seats to be part of the passenger compartment, any favorable analysis of the Nielsen decision is dictum. 6 .See State v. Currier, 521 A.2d 295 , 298 n. 1 (Me.1987) (probable cause determination under automobile exception "must be based on objective facts that could justify the issuance of a warrant by a magistrate and not merely on the subjective good faith of the police officer.”) (citing United States v. Ross, 456 U.S. at 808 , 102 S.Ct. at 2164 ). | 1 | 1998–1998 |
California v. Acevedo
green
1 sentence1992The Court in Acevedo clarified the automobile exception, which is based on the exigency inherent in a car’s mobility together with the diminished expectation of privacy one has in an automobile; the Court held that “[t]he police may search an automobile and the containers within it where they have probable cause to believe contraband or evidence is contained [somewhere in the automobile].” Acevedo , — U.S. at -, 111 S.Ct. at 1991 . | 1 | 1992–1992 |
Chambers v. Maroney
green
2 sentences1983Under the long-established automobile exception to the warrant requirement of the fourth amendment, a search of a vehicle is permitted without a warrant if the searching officers have probable cause to believe that it contains contraband and exigent circumstances exist preventing the officers from getting a warrant in time. *800 The search can be either on the road, Carroll v. United States, 267 U.S. 132 , 45 S.Ct. 280 , 69 L.Ed. 543 (1925), or, as here, at a secure location to which the vehicle is moved after seizure, Chambers v. Maroney, 399 U.S. 42 , 90 S.Ct. 1975 , 26 L.Ed.2d 419 (1970). 1983Under the long-established automobile exception to the warrant requirement of the fourth amendment, a search of a vehicle is permitted without a warrant if the searching officers have probable cause to believe that it contains contraband and exigent circumstances exist preventing the officers from getting a warrant in time. *800 The search can be either on the road, Carroll v. United States, 267 U.S. 132 , 45 S.Ct. 280 , 69 L.Ed. 543 (1925), or, as here, at a secure location to which the vehicle is moved after seizure, Chambers v. Maroney, 399 U.S. 42 , 90 S.Ct. 1975 , 26 L.Ed.2d 419 (1970). | 1 | 1983–1983 |
Cady v. Dombrowski
green
2 sentences1983The impoundment of the van also distinguishes this case from Cady v. Dombrowski, 413 U.S. 433 , 93 S.Ct. 2523 , 37 L.Ed.2d 706 (1973), in which the seized vehicle was removed to a garage seven miles away from the police station. 413 U.S. at 436 , 93 S.Ct. at 2525 , 37 L.Ed.2d at 712 . 1983The impoundment of the van also distinguishes this case from Cady v. Dombrowski, 413 U.S. 433 , 93 S.Ct. 2523 , 37 L.Ed.2d 706 (1973), in which the seized vehicle was removed to a garage seven miles away from the police station. 413 U.S. at 436 , 93 S.Ct. at 2525 , 37 L.Ed.2d at 712 . | 1 | 1983–1983 |
Arkansas v. Sanders
red
2 sentences1983On the basis of our reading of earlier pronouncements of the United States Supreme Court, see, e.g., Arkansas v. Sanders, 442 U.S. 753 , 99 S.Ct. 2586 , 61 L.Ed.2d 235 (1979), we had understood, prior to the Boss decision of June 1, 1982, that a war-rantless search under the automobile exception could not go beyond seizure of a closed container found in the vehicle; that “the police ... must await the issuance of a warrant before opening” the closed container. 1983On the basis of our reading of earlier pronouncements of the United States Supreme Court, see, e.g., Arkansas v. Sanders, 442 U.S. 753 , 99 S.Ct. 2586 , 61 L.Ed.2d 235 (1979), we had understood, prior to the Boss decision of June 1, 1982, that a war-rantless search under the automobile exception could not go beyond seizure of a closed container found in the vehicle; that “the police ... must await the issuance of a warrant before opening” the closed container. | 1 | 1983–1983 |
State v. Blais
green
2 sentences1983State v. Hassapelis, 404 A.2d 232, 237 (Me.1979) (zippered gym bag); see also State v. Patten, 436 A.2d 387 (Me.1981) (closed brown paper bag), vacated, 457 U.S. 1114 , 102 S.Ct. 2919 , 73 L.Ed.2d 1325 (1982), on remand, 457 A.2d 806 (Me.1983) (suppression order reversed); State v. Blais, 416 A.2d 1253 (Me.1980) (rolled up, opaque plastic bag). 1983State v. Hassapelis, 404 A.2d 232, 237 (Me.1979) (zippered gym bag); see also State v. Patten, 436 A.2d 387 (Me.1981) (closed brown paper bag), vacated, 457 U.S. 1114 , 102 S.Ct. 2919 , 73 L.Ed.2d 1325 (1982), on remand, 457 A.2d 806 (Me.1983) (suppression order reversed); State v. Blais, 416 A.2d 1253 (Me.1980) (rolled up, opaque plastic bag). | 1 | 1983–1983 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.