• Law enforcement Trespasses Within the Curtilage of a Home
• Warrantless Vehicle Seizures and Exigent Circumstances
• The Automobile Exception to the Search Warrant Requirement

In order for the so-called “automobile exception” to the search warrant requirement to apply, it must be found that there is both probable cause to seize the vehicle at issue and exigent circumstances making it impractical to obtain a search warrant.  A car sitting unattended on someone’s private property does not presumptively provide the necessary exigent circumstances allowing for its warrantless seizure despite having probable cause to believe it contains evidence of a crime.

Defendant Donald Rorabaugh spent some time during the evening of May 23, 2015, at the 108 Sports Lounge (aka, the “108 Bar”) in the town of Riverbank, San Joaquin County.  While there, an acquaintance introduced defendant to a man named Joseph Denner, who was soon to become the co-defendant in this case. Edward Magana also ....