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Exigency — Automobile Exception to Warrant Requirement

State v. Bill Paul Marquardt , 2001 WI App 219, PFR filed 9/20/01
For Marquardt: James B. Connell

Issue: Whether the automobile exception allowed the warrantless search of defendant’s car.

Holding: A warrantless search of a vehicle requires two showings: probable cause; and “ready” mobility of vehicle. ¶¶31-32. Because the defendant did not contest probable cause until his reply brief, that issue is taken as conceded. ¶39. Because the car was indisputably in working order, its mobility is established. (That defendant was under arrest affected only the car’s accessibility to him, and not its mobility.) ¶¶40-43. Nor does it matter that the car was in a private driveway: the Wisconsin Constitution doesn’t limit the automobile exception to public places. ¶¶43-49.

 

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