4th Amendment: Evidentiary Search & Seizure; Warrant Exceptions: "Automobile Exception"

Question 1

What is the “automobile exception”?

What is the scope?

Answer 1

IF police have PROBABLE CAUSE to believe that vehicle contains fruits, instrumentalities, or evidence of a crime .

THEN –> They may search:

1. whole vehicle
2. any container that might reasonably contain the item for which they had PC to search

NOTE –> if they have PC to search, they may tow the vehicle to station and search it later

Question 2

What is the rule if police have PC to believe the automobile ITSELF is contraband?

Answer 2

If police have PROBABLE CAUSE to believe that an automobile ITSELF is contraband, they may SEIZE it from a public place WITHOUT a warrant

Question 3

What issues arise with regards to “automobile exception”?

Answer 3

1. Scope of search
2. Passenger’s belongings
3. Containers placed in vehicle

Question 4

What should be known with regards to scope of search pursuant to automobile exception

Answer 4

• police have FAIRLY BROAD authority to search a vehicle depending on what they are looking for,
• if there is PC to search a vehicle, police may search ENTIRE CAR and ANYTHING IN IT that might contain evidence

THUS –> if they are looking for drugs, they can look almost anywhere. But if they are looking for undocumented aliens, they cannot look inside a small suitcase

Question 5

What is the rule with regards to passenger’s belongings in an automobile exception search?

Answer 5

• Search MAY extend to passenger’s belongings

- It is NOT limited to driver’s belongings

Question 6

What is the rule with regards to containers placed in the vehicle?

Answer 6

If police have PC ONLY to search a container in the vehicle, they may ONLY search the container - not the entire vehicle

EXAMPLE –> police have PC to believe a suitcase in the trunk contains drugs. They can only search suitcase.