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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."
The three main categories of searches are a search of a house, automobile or pedestrian. In the case of an automobile, it is assumed the officer has already seized the car and the encounter is a Terry stop. When an officer returns a driver's identification, the encounter has been transformed into a consensual encounter.
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Your connected car data might be safer from prying eyes -- Georgia's Supreme Court has ruled that police need a warrant to obtain personal data from cars. The decision overturns an earlier state ...
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 ...
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