warranties searches for vehicles

Question 1

Carroll Doctrine

Answer 1

Created the automobile exception to the search warrant. An officer may search a car without a search warrant if they have probable cause to believe it contains contraband even if there are no exigent circumstances preventing them from getting a warrant

Question 2

Reasoning if Carroll Doctrine

Answer 2

1. The mobility of the vehicle
2. An exception of privacy is less in automobiles
3. Automobiles are frequently subject to government regulation
4. Inventory vehicle is allowed

Question 3

General rules for warrantless search of vehicle

Answer 3

1. Search incident to a lawful arrest
2. Where there is a probable cause to search
3. Where the car is impounded
4. Search of a car near US Boarder
5. Consent to search
6. Abandoned vehicle

Question 4

Arizona v Grant (Vehicle searches, incident to arrest)

Answer 4

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 when they are searching and what they are searching for. Officer safety is not an issue if the suspect is under control

Question 5

State v Folk

Answer 5

Officer’s perception of the order of MJ based on his training and experience constitutes probable cause to search (as well as dog alerts.) Scope of search is based on probable cause and is bumper to bumper.

Question 6

Occupants of vehicles

Answer 6

May not be searched simply because the driver has been arrested. The may be removed from the car and a Terry Search conduced if ARS exist.

Question 7

Inventory Search of Vehicle

Answer 7

1. Protecting the owners property
2. Protecting the Officer against claims of loss property
3. Protecting public and police from illegal weapons that might be in the vehicle
4. Determining whether the vehicle is stolen or not.
5. Inventory search must not be used for a general rummaging in order to discover incriminating evidence

Question 8

Plain view

Answer 8

Articles discovered as a result of plain view are not discovered as result of a search. It is a seizure doctrine, not a search doctrine

Question 9

Arizona v Hicks

Answer 9

Immediately apparent means the officer must have probable cause to believe that the object to seizure

Question 10

Kyllo v US

Answer 10

Thermal imaging to scan for MJ Farm=Improper right to be see smell hear

Question 11

Open Fields

Answer 11

Applies to all land outside the curtilage regardless of how remote the land is and regardless of the efforts of the property owner to keep other house. The 4th protect person, houses papers and effects and it is protection downs not extend to open fields

Question 12

Open Field Curtilage

Answer 12

The extent of the curtilage is determined by factors that bear upon whether an individual reasonable may expect that the area in question should be treated as the home itself