The Warrantless Seizure of an Automobile from Another’s Private Property

• 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 frequented the 108 Bar, occasionally (on prior occasions) sharing a drink with defendant.  Magana was known to all in the area, having no fixed address and crashing at night where he could.  He was known to commonly carry his meager belongings in a black backpack.  Defendant lived with his father in Riverbank. He drove a 1966 Oldsmobile Cutlass which was “very loud,” due to a faulty engine and muffler.  Defendant commonly kept his car on the property of a friend (David Christensen), some three minutes from defendant’s home, where he would do mechanical work on it.  Back to the night of May 23rd/24th, defendant left the 108 Bar at about 1:45 a.m., hitching a ride home from friends.  These friends later testified that when they dropped him off at his home, he met a man carrying a black backpack.  Denner left the bar shortly after defendant.  Defendant’s father heard defendant being dropped off ....