Cars and Containers

Question 1

What is the Automobile Exception?

Answer 1

Allows police to conduct a search without a warrant of a vehicle if they have probable cause to believe the vehicle has seizable evidence

Question 2

Where can police search under the Automobile Excpetion?

Answer 2

They can search anywhere, including open containers, where they can find evidence

Question 3

Where can police conduct the search of a vehicle?

Answer 3

1. On Scene: they can conduct the search right where the car is located (ex: side of the road, gas station, public area)
2. Away from Scene: Police may also move the car to another place and search as long as it is done within a short period of time

Question 4

Does the Auto Exception apply to Motorhomes?

Answer 4

YES:
Because of the vehicles ready of mobility and reduced expectations of privacy

Question 5

How does the Auto Exception apply to Automobile Inventories? and what must police meet?

Answer 5

If car has been lawfully seized by the police and brought to the impounded lot, police may do an inventory search but must meet:

1. If the police have probable cause to search under the automobile exception
2. Second, as an incident of the arrest, a contemporaneous search of the passenger compartment of the vehicle, even without probable cause to search

Question 6

What happens when a Car Search coincidentally turns up a container?

Answer 6

Police may search any container found during a car search that is large enough to hold evidence for which they are looking for

Question 7

What if police are searching for a specific suspect container that coincidentally ends up in a car?

Answer 7

Police may stop a car and only search that car for specific container and open it when they find it

Question 8

What if the Police only have probable cause for a specific container?

Answer 8

If probable cause exists only for container in the car, then police have no right to search the whole car