Ch 18 Motor Vehicle Exception & Inventory Flashcards
Motor vehicle exception is a long-standing exception to the __ amendment and article ___warrant requirement
4th amendment
Article 14
What are the two reasons that allow for the motor vehicle exception?
Mobility
Reduced privacy
Does the motor vehicle exception apply to other vehicles such as airplanes and boats?
Yes
When determining if a mobile home is covered under the motor vehicle exception, the answer depends on whether the vehicle is operational and being used for
Transportation
Does the motor vehicle exception apply when there is a reasonable suspicion or probable cause?
Probable cause
For the motor vehicle exception, the police must have probable cause to believe a vehicle contains evidence at the time they
Begin the search
For the motor vehicle exception, the vehicle has to be lawfully stopped on a public way or parked in an area of potential ______ or ______access
Public or perpetrator
If Bullets and a pack of cocaine are found on a person properly removed from a vehicle, does this give police probable cause to believe that there might be a gun and other drugs in the car?
Yes
The odor of marijuana along with another ________ factor provides probable cause to search a car
Distribution
Is the presence of a hidden compartment probable cause to search for contraband or a weapon?
Yes
If police are searching a vehicle with probable cause and they find a wire under the dash, can they manipulate the wire to open a hidden compartment without a warrant?
Yes
Does a report about stolen stereos justify a police stop and search of the defendants car
Yes
Does a six hour gap between a crime and a vehicle stop negate probable cause to search under the motor vehicle exception
No
Under the motor vehicle exception, if police have pre-stop probable cause they must execute their search without:
Unreasonable delay
In the Eggleston case,police were investigating a drug dealer and planned to make an arrest after his 5pm delivery. However, police decided to arrest him before he re-entered his car, due to traffic conditions and trying to avoid a chase. They searched his vehicle following the arrest and found drugs. Was this admissible
Yes because the police were able to justify why they delayed the search
If police develop probable cause before they stop and search a vehicle, they must be able to point to some aspect of their investigation that was:
Strengthened by not getting a warrant in advance
If police say they did not get a warrant ahead of time because they wanted to allow their suspect to meet an accomplice, is that a good enough reason
Yes
What locations may a search occur for the motor vehicle exception?
Street
Police facility
Or in both locations
Towing a vehicle to a police facility is acceptable under the motor vehicle exception if the search is completed within how long?
A reasonable period of time
A detective saw a drug transaction involving the defendant, the detective quickly searched the vehicle on the street and found nothing. It was then towed to the station, where another detective found 40 bags of cocaine. Is this admissible
Yes
A parked vehicle may be searched if:
The public or a perpetrator has potential access
Can police claim the motor vehicle exception if the vehicle was parked in the driveway with a flat tire and blown engine
Yes
Police locate a vehicle in a driveway following a motor vehicle hit-and-run involving a bicyclist. Can they tow the vehicle from the driveway without a warrant
Yes
How long do officers have to complete their vehicle search before getting a warrant?
2 hours
Substantial delays when completing a vehicle search may cause
Suppression of evidence
A search under motor vehicle exception extends to what areas and containers
All areas and containers opened, closed and locked that might hold evidence, including the trunk
If a detective is searching a vehicle for drugs can he remove an air filter from the engine?
Yes
Can officers pry open a locked suitcase when searching a vehicle under the motor vehicle exception
Yes
If police receive a tip about a container in a vehicle holding contraband, but can’t find the container once they search, can they search for contraband in other parts of the vehicle
Yes
Can a confidential informant tip provide probable cause
Yes
When police have probable cause to search a vehicle, can they also search passengers belongings that might hold evidence?
Yes
When police have probable cause to search a vehicle, can they also search a passengers belongings, even if they lack probable cause to believe that the passenger is guilty of any wrongdoing?
Yes
Once police have probable cause to search a vehicle is the passengers expectation of privacy reduced
Yes
Can officers search a car if they observe a hypodermic syringe in the drivers shirt pocket in the driver admits it’s for a legal drugs
Yes
3 requirements to the more vehicle inventory
Lawfully impounded
Written procedures
Inspection conforms to policy
When must motor vehicle inventory be conducted?
When officers on scene DECIDE to tow the vehicle
Should officers conduct an inventory if they decide to tow a vehicle improperly parked on private property
Yes
The issue of motor vehicle inventories comes down to who makes the final ______ to tow
Decision
Impoundment does not occur unless police are
Present
Can police delay their implement decision, pending the results of their inventory
No
When should officers communicate their decision to impound a vehicle to the motorist?
Before the inventory
Is a motor vehicle inventory proper even if a driver is allowed to leave in the tow truck
Yes
Do police have to consider reasonable alternatives before impounding and towing a vehicle?
Yes
In order for an alternative operator to take possession of the vehicle, they must be (3)
- On scene before officers notify the tow company
- valid drivers license
- Approved by owner
Which one requires consideration of reasonable alternatives? Fourth amendment or article 14.
Article 14
4th amendment does not
Is bringing up a reasonable alternative, to towing the duty of the officer or the driver
Officer
Lawfully parked means that the vehicle is ______ and legally parked in a public or private location
Secure
What does it mean when a vehicle is considered secure?
Locked with windows closed
Can a “high crime location” be justification for a reason to impound a vehicle?
No, not by itself
Melanie‘s law mandates a 12 hour impoundment when any arrested motorist:
Refuses the breathalyzer or blood test
Can officers tow a vehicle abandoned for more than 72 hours on private property?
Yes
Can a vehicle on another person‘s property without permission be towed even if it’s not posted with no trespassing
Yes
Can rental vehicles be impounded solely on the basis of an unauthorized operator?
No
In what two situations should police notify a rental company and impound their vehicle at their discretion
- The rental agreement has expired
- The unauthorized operator does not have a valid license
Does an unauthorized driver of a rental car maintain an expectation of privacy
Yes
If officers stop a rental vehicle and are unable to determine whether the authorized operator gave permission to the current driver, what should they do?
Investigate whether the individual listed on the agreement allowed the current driver to operate the vehicle. If unable to confirm, officers should notify rental company
