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Orin Kerr @OrinKerr
, 6 tweets, 2 min read Read on Twitter
Finding open containers of booze in a car permits a search of the car's glovebox for more open containers under the automobile exception, court rules. (Cops found drugs in the glove box, not an open container.) I'm skeptical, and here's a thread on why. isc.idaho.gov/opinions/45252…
On one hand, it's true that having an open container of alcohol in a car is a misdemeanor under state law, and this defendant had two open containers in the open inside area of the car. But there are four parts of the court's approach that give me some pause.
First, I had thought that the issue under the auto exception is PC to find *more* evidence/contraband, not just the first item. Was there really PC there would be more open containers elsewhere in car? (Note that under the statute, not a crime to have open container in trunk.)
Second, even if it's theoretically possible for an open container to fit in a glovebox, how would that work? Like, a shot glass sitting in the glove box, filled with booze, while the car is on the road?
Third, there are interesting issues unexplored in the op about what counts as contraband for auto exception purposes. Not totally clear that an open container counts as legal contraband -- item that is illegal for a person to possess -- given statutory definition.
Finally, I don't know if, under state law, having an additional open container counts as another crime. If not, is finding another open container really more evidence of the crime, if finding it can't alter legal liability? Not sure auto exception applies in such circumstances.
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