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The motor vehicle exception was first established by the United States Supreme Court in 1925, in Carroll v. United States. [1] [2] The motor vehicle exception allows officers to search a vehicle without a search warrant if they have probable cause to believe that evidence or contraband is in the vehicle. [3]
The Court noted that Congress early observed the need for a search warrant in non-border search situations, [2] and Congress always recognized "a necessary difference" between searches of buildings and vehicles "for contraband goods, where it is not practical to secure a warrant, because the vehicle can be quickly moved out of the locality or jurisdiction in which the warrant must be sought."
Kansas Supreme Court Chief Justice Marla Luckert appears uncomfortable with how far federal courts have gone in allowing evidence from unconstitutional searches.
In 2016, law enforcement officers went into this house in Emporia, Kansas, with a search warrant to look for suspected illegal drugs in one of the apartments in the subdivided rental property.
Warrantless searches are searches and seizures conducted without court-issued search warrants.. In the United States, warrantless searches are restricted under the Fourth Amendment to the United States Constitution, part of the Bill of Rights, which states, "The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not ...
Getting a search warrant begins in a police department and ends with a specific, restricted list of items allowed to be seized on a specific property.
United States v. Ross, 456 U.S. 798 (1982), was a search and seizure case argued before the Supreme Court of the United States.The high court was asked to decide if a legal warrantless search of an automobile allows closed containers found in the vehicle (specifically, in the trunk) to be searched as well.
A warrantless inventory search of a vehicle under police custody for being a hazard on the highway, and whose owner was heavily intoxicated to the point of comatose unconsciousness, was reasonable and not prohibited by the Fourth Amendment. The search for weapons inside the car also served a purpose to preserve public safety.