Vehicle and Container Searches

Question 1

Vehicle Exception Showing

Answer 1

1. PC to search the vehicle
2. Has to be a Vehicle

Question 2

What is the PC to search a vehicle

Answer 2

belief that vehicle contains contraband, or fruits, instrumentalities, or evidence of a crime

Question 3

What is a Vehicle?

Answer 3

readily mobile mode of transportation
capable of using the highway
with its own locomotive power
regardless if in transit or parked
- except when parked on vehicle owners curtilage.
occupied or unoccupied
can be founding in a setting that obju. indicates that the vehile is being used in transpor. & is discovered stationary in a place not regularly used for residential purposes.

Question 4

Vehicle Exception Scope

Answer 4

1. wherever in the vehile that you have PC to search
2. Either at the site of the Stop or later at the station

Question 5

Seizure of Vehicle

Answer 5

no warrant requirement, if PC to believe vehicle itself constitutes forfeitable contraband

Question 6

Vehicle Exception Rationale

Answer 6

1. inherent ready mobility and
2. diminshed expectation of privacy

Question 7

Readily Mobile

Answer 7

can be moved out of the locality or JX in which the warrant must be sought, Opportunity to search must be fleeting

Question 8

Reduced Privacy in Vehicle

Answer 8

there is a reduced expectaoin because of the pervasive regulation of vehicles and the public nature of auto travel.

Question 9

Vehicle exception case takeaway

Answer 9

coolidge: warrantless search of unoccupied vehicle parked on arrestees driveway was unreasonable bc no exigency justified dispensing with the warrant requirement. recognizes not a categorical exception for vehicles but it depends on where the vehicle is parked.

Question 10

Containers in Vehicles Scope

Answer 10

containers in vehicles (even ones belonging to a passenger of an auto who is not suspected of criminal activity) may be searched without a warrant during an otherwise lawful auto-exception search

Question 12

Container in Vehicle Rationale

Answer 12

container is part and parcel of a vehicle. More privacy in leggage and personal effects than in an auto because can get a warrant to search it.

Question 13

Hypo: A is carrying a suitcase. Police have PC to search it but no warrant. Can they search it?

Answer 13

No. But can. they search it if it was locked in a trunk? yes.

Question 14

Takeaways from the vehicle/container exceptions:

Answer 14

• showing to search a container not in a vehicle: Pc + search warrant
• showing to seize a container not in a vehicle: PC
• Showing to search a container in a vehicle: Pc
• Showing to search container belonging to passenger: PC