Test 2. Warrantless Searches Vehicles Flashcards
What Supreme Court Case created the automobile exception to the search warrant?
Carroll v. U.S. Supreme Court
According to Maryland v. Dyson (1999), an officer can search a car without a search warrant if he has _______________________ to believe it contains contraband.
Probable cause
According to Maryland v. Dyson (1999), does an officer need exigent circumstances to search a car if he has probable cause to believe it contains contraband?
No
What was the court’s reasoning for the Carroll Doctrine?
- The mobility of the vehicle
- An expectation of privacy is less in automobiles
- Automobiles are frequently subject to government regulation
- Inventory vehicle is allowed
What are the general rules for warrantless searches of vehicles?
- Search incident to arrest
- Where there is probable cause to search
- Where the car is impounded
- Search of a car near a U.S. border
- Where the vehicle is abandoned
- Where there is consent to search
What did Arizona v. Gant establish?
Incident to arrest
> The officer may search when it is reasonable to believe evidence relevant to the crime of arrest might be found in the vehicle
> The officer must be able to articulate why he is searching and what he is searching for
According to State v. Folk, vehicle searches based on the odor of marijuana are admissible based on what?
- Officer’s perception of the odor based on training and experience
- Dog alert is also probable cause
The scope of a search based on the odor of marijuana is ________________.
bumper to bumper
What Supreme Court case established that officers could get drivers out of their vehicles before looking at their driver’s license?
Pennsylvania v. Mimms (1977)
What is the justification for removing drivers from their vehicles before looking at their driver’s licenses, according to Pennsylvania v. Mimms?
A significant percentage of murders of police officers occur during traffic stops
According to Arizona v. Johnson (2009), can occupants of vehicles be searched if the driver has been arrested?
No, they may be removed from the vehicle, and the officer can conduct a terry search if ARS exists
What do officers do to occupants of vehicles if the driver is arrested?
Officers can remove occupants and conduct a terry search if ARS exists that the passenger is armed.
If the vehicle is abandoned, can an officer search without a warrant?
Yes
If a vehicle is abandoned, the reasonable expectation of privacy (REP) is lost, so a search warrant may be conducted without a warrant.
Give one example of an abandoned vehicle:
- Leaving the vehicle with the door open in a stranger’s driveway after attempting to elude an officer
- Leaving the vehicle in the middle of an intersection and running from officer
- Crashed vehicle into a parked car, fled on foot after leading officers on high-speed chase
