Automobile Exceptions
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Exception
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Rule
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P.C. to Search Auto
| Carroll:
Police must have P.C. to believe contraband or evidence of a crime is in automobile
Can search ENTIRE car, including trunk.
Carney:
There is no search warrant requirement for a motor vehicle as there would be for a more permanent structure such as a home or building, due to the inherent lower expectation of privacy for a motor vehicle. Police may search motor homes w/o a warrant.
Can search ENTIRE car, including trunk and containers
Chambers v. Maroney:
When the police have P.C. to search a vehicle, they may search the vehicle at the time and place of the arrest; or, if reasonable, may take the vehicle to the police station before making the search.
Can search ENTIRE car, including trunk and containers
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Search Containers in a Vehicle
| Houghton
When there is P.C. to search for contraband in a car, it is reasonable under the 4th A. for officers to examine packages and containers inside without an individualized showing of P.C. for each container. Police may search passenger’s property when there is P.C. to search the vehicle.
Acevedo
If P.C. exists to search a container, AND that container sits in a vehicle, the vehicle and all containers within the vehicle can be searched without a warrant.
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Search Incident to Lawful Arrest (SILA)
| Arizona v. Gant
Police may search the vehicle of its recent occupant after his arrest only if it is reasonable to believe that the arrestee might access the vehicle at the time of the search OR that the vehicle contains evidence of the offense of the arrest.
Thornton
The authority for the vehicle search was not limited to arrests of persons actually occupying vehicles at the time of initial contacts with officers, since the same interests in the safety of the officer and preservation of evidence applied to both occupants and recent occupants of a vehicle.
New York v. Belton
Chimel rationale – Per se rule allowing search of passenger “compartment” and any “containers” Cannot search trunk
Robinson
SILA applies even to arrests for expiration of driver’s licenses. Police may search person and grab area.
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Pretext Vehicle Stop
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In a conventional civil traffic stop, the 4th A. is met by the traditional common-law rule that P.C. justifies a search and seizure.
“Reasonable officer” test
Objective standard based on facts known to arresting officers (including their collective knowledge)
Officer’s subjective reasoning does not control
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P.C. to ARREST All Vehicle Occupants
| Maryland v. Pringle
When a reasonable officer can conclude that a defendant is guilty, probable cause exists.
Common enterprise
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