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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]
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.
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 ...
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."
United States, the Court permitted a warrantless search of a vehicle because officers risked losing evidence if the car left their jurisdiction while they try to secure a warrant. [3] But the officers in Carroll still had probable cause to stop the vehicle and to search it. In this case, the United States conceded that the Border Patrol ...
Search incident to a lawful arrest, commonly known as search incident to arrest (SITA) or the Chimel rule (from Chimel v.California), is a U.S. legal principle that allows police to perform a warrantless search of an arrested person, and the area within the arrestee’s immediate control, in the interest of officer safety, the prevention of escape, and the preservation of evidence.
Collins v. Virginia, No. 16-1027, 584 U.S. ___ (2018), was a case before the Supreme Court of the United States involving search and seizure. At issue was whether the Fourth Amendment's motor vehicle exception permits a police officer uninvited and without a warrant to enter private property, approach a house, and search a vehicle parked a few feet from the house that is otherwise visible from ...
California v. Acevedo, 500 U.S. 565 (1991), was a decision of the United States Supreme Court, which interpreted the Carroll doctrine to provide one rule to govern all automobile searches. The Court stated, "The police may search an automobile and the containers within it where they have probable cause to