Warrantless Seizures & Searches of Vehicles & Containers Flashcards
Is mobile home protected by 4th amdt?
No. Carney: Perv in motor home trading sex for drugs.
R - Mobile home is not home for purposes of 4th amdt b/c
1. vehicles are inherently mobile; and
2. REP with respect to one’s auto is less than that relating to one’s home or office
Must police obtain a warrant to open a sack in a vehicle if they lack PC to search the entire car
The police may search the vehicle or any container therein w/o warrant if their search is supported by PC.
Acevedo - FeXpackage known to contain pot picket up and taken to Daza’a apt. 2 hours later Adevedo enters apt and leaves carrying brown paper bag which he puts in tunk and drove off. Search okay but limited to Probable cause (here, the bag only)
(I often put my Aveda products in a bag in my trunk)
Houghton
F - offficer talks up to car and sees syrings in pocket. passenger had purse in car. officers searched purchase after everyone was out of car.
R - when there is PC to search car, it is reasonable for police to search all packages and containers in car. No distinction in ownership of effects in car.
i.e. PC of driver allows search of entire car
What is the auto wingspan rule?
AZ v Gant - everything in wingspan including the passenger compartment, glovebox, passenger seat and backseat may be searched
Why? officer safety and destruction of evidence
Belton
police may search the passenger compartment of a vehicle and any containers therein as a contemporaneous incident of an arrest of vehicle’s recent occupant
Thornton
circumstances unique to the automobile context justify a SITA when it is reasonable to believe that evidence of the offense of arrest might be found in the vehicle
Inventory
Inventory search of personal effects of arrestee at police station is permissible under 4th Amdt. Why? to protect owner’s property (Lafayette)
Inventory searches of impounded vehicles allowed for same reason (Bertine) SO LONG AS INVENTORY PROCEDURES ARE IN PLACE
Andreas
Pot found inside table at customs. repackaged and delivered to D. When D came out with it 30 min later, arrested.
R - no protected privacy interest remains once govt officers lawfully have opened it and identified contents illegal. Resealing container does not restore lawfully invaded privacy rights.
