Motor Vehicle Exception Flashcards
rule general
(Search of a car, typically before arrest, or long after-general car search exception)
**In general, an officer may conduct a warrantless search of a car if the officer has PROBABLE CAUSE to believe it contains criminal evidence
when?
Assuming p/c, the police may conduct a warrantless search of any vehicle used on the highway or readily capable and found stationary
Carrall
Held- If probable cause then no search warrant needed
- Police couldn’t arrest before search
- Mobility created the exigency, justified warrantless search
Chambers v. Maroney
thorough search at station
(1970) (mobility broadened) (reduced EOP)
1. Stopped on hwy based on involved in recent robbery
2. So had p/c to immediately arrest
3. But towed car to station & then conducted a warrantless search of car
4. Ct upheld warrantless search→broadened rule
5. “Car is still inherently mobile” (even if in lot)
6. Alternative rationale:
a. There is a lesser expectation of privacy in an automobile than in home or other belongings, so justification of conducting a warrantless search is enhanced.
Why Maroney say lower EOP for MV?
Motor vehicles are:
i. Travels On highways
ii. Registered
iii. Contents plain view in widows
c. Seldom serves as a person residence or holds private effects
basic Chambers v Maroney rule
inherent mobility + p/c = search of auto
Coolidge v. NH
seize vehicle over a year
(*can’t be exigent inherent mobility)
as long as p/c no need warrant
CA v. Carney (mobile home) 1985
i. Parked but occupied motor home
ii. Observed & reas to believe-marijuana for sex; court house was only two blocks away.
iii. Mobile √, police conduted warrantles search
iv. “Assuming p/c, the police may conduct a warrantless search of a vehicle used on the highway or if the vehicle is readily capable of such use and found stationary in a place not regularly used for residential purposes.”
v. Does leave open if not used for transportation….a maybe?
