State v. McCarthy

Summary

The court overruled the categorical automobile-exception rule that allowed warrantless vehicle searches based solely on vehicle mobility at the time of a stop and probable cause. It held that the state must prove an actual exigency at the time of each warrantless seizure or search and must show that a warrant could not have been obtained through reasonable steps, including available electronic procedures. Because the state failed to make that showing here, the suppression order was reinstated and the intermediate appellate decision was reversed.