Cars & Containers

Question 1

Chambers v. Maroney

Answer 1

warrantless search of vehicle not incident to arrest. Car at police station. OK if officer had PC at seizure.

Question 2

Carrol v. U.S.

Answer 2

Holds a search warrant unnecessary where there is PC to search an automobile stopped on the highway. The car is movable, the occupants are alerted, and the cars contents may never be found again if a warrant must be obtained.

• fleeting opportunity to search bc car is moveable.

Question 3

Coolidge v. N.H.

Answer 3

search of car in driveway 2 hours after taken into custody is unconstitutional. Not fleeting. No valid s/w.

Question 4

California v. Carney

Answer 4

“motor home” warrantless search.

policy: (1) ready mobility (2) less expectation of privacy in vehicle

Vehicle falls within scope of automobile exception laid out in Carroll.

• licensed motor vehicle, subject to regulation.

Question 5

Inventory search

Answer 5

“automobile inventory” warrant exception.
- ok under the Fourth Amendment
- Not related to criminal investifation.
- Protects defendants stuff, protects claims against police, protection of potential danger to police.

Question 6

Fl v. Wells

Answer 6

Highway officer not permitted to open locked luggage because not part of department policy.

Question 7

Chadwick

Answer 7

double locked 200 pound footlocker in trunk. Taken to fed building. Not automobile exception. Need warrant because evidence is not at risk of being destroyed.

Law enforcement officers may seize a container and hold it until SW is obtained.

Question 8

Arkansas v. Sanders

Answer 8

personal luggage, loaded in taxi full of marijuana. Not an automobile search exception, expectation of privacy.

Question 9

Containers by nature that may be opened without a search warrant?

Answer 9

gun case, kit of burglar tools (contents can be inferred from outward appearance).

Question 10

Robbins v. CA

Answer 10

smell marijuana = PC
2 packages opened, warrantless search impermissible.

Question 11

U.S. v. Ross

Answer 11

Overrules Robbins. “A warrant to search a vehicle would support a search of every part of their vehicle” –including containers therein–that might contain the object of the search.

Question 12

CA v. Acevedo

Answer 12

marijuana in fed ex package, paper bag in house then back out.

The police may search without warrant if police officer has probable cause (in a car)

Question 13

Are searches per se unreasonable?

Answer 13

Yes, unless an exception applies.