Search results
Results from the WOW.Com Content Network
That became known as the Carroll doctrine: a vehicle could be searched without a search warrant if there was probable cause to believe that evidence is present in the vehicle, coupled with exigent circumstances to believe that the vehicle could be removed from the area before a warrant could be obtained.
San Francisco Police searching a vehicle after a stop in 2008. The motor vehicle exception is a legal rule in the United States that modifies the normal probable cause requirement of the Fourth Amendment to the United States Constitution and, when applicable, allows a police officer to search a motor vehicle without a search warrant.
Wyoming v. Houghton, 526 U.S. 295 (1999), is a United States Supreme Court case which held that absent exigency, the warrantless search of a passenger's container capable of holding the object of a search for which there is probable cause is not a violation of the Fourth Amendment to the United States Constitution because it is justified under the automobile exception as an effect of the car.
The ruling follows another decision in September by the high court that the smell of burnt cannabis is not enough probable cause to search a vehicle. The disparity, that the smell of unsmoked ...
Sanders (1979) which had previously held that, if probable cause existed to search an automobile, the police may perform a warrantless search of the automobile and the containers within it, but if the police only had probable cause to search a container in the automobile, the police first had to obtain a warrant before searching the container.
The usual definition of the probable cause standard includes “a reasonable amount of suspicion, supported by circumstances sufficiently strong to justify a prudent and cautious person’s belief that certain facts are probably true.” [6] Notably, this definition does not require that the person making the recognition must hold a public office or have public authority, which allows the ...
The Bill of Rights in the National Archives. The Fourth Amendment (Amendment IV) to the United States Constitution is part of the Bill of Rights.It prohibits unreasonable searches and seizures and sets requirements for issuing warrants: warrants must be issued by a judge or magistrate, justified by probable cause, supported by oath or affirmation, and must particularly describe the place to be ...
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.