4.3: Vehicle & Container Searches Flashcards
Rationale for vehicle searches
Ready mobility and pervasive regulation (diminished privacy)
Showing for vehicle searches
PC to search the vehicle
Scope for vehicle searches
Search wherever there is PC to search; search either where the vehicle is seized or elsewhere; bright line rule
Showing to search of a container not in a vehicle
PC & a search warrant
Showing to seize of a container not in vehicle
PC (a warrant is not required)
Showing to search a container in a vehicle
PC to search (search warrant is not required)
Showing to search a container belonging to a passenger in a vehicle
PC to search (search warrant is not required)
Can a passenger be searched as a container?
No, including containers on his person
Rationale for a lawful impoundment
Serves a community caretaking function
What is considered a vehicle?
Any readily mobile mode of transportation with its own locomotive power, regardless of whether it is also used for residential purposes; does not include immobilized vehicles