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NCJ Number: 126284 Find in a Library
Title: Vehicle Searches (From Briefs of 100 Leading Cases in Law Enforcement, P 85-98, 1991, Rolando V. del Carmen, Jeffery T. Walker -- See NCJ-126275)
Author(s): R V del Carmen; J T Walker
Date Published: 1991
Page Count: 14
Sponsoring Agency: Anderson Publishing Co
Cincinnati, OH 45202
Sale Source: Anderson Publishing Co
Publicity Director
2035 Reading Road
Cincinnati, OH 45202
United States of America
Type: Legislation/Policy Analysis
Language: English
Country: United States of America
Annotation: Supreme Court decisions concerning vehicle searches are analyzed for their significance to law enforcement.
Abstract: In Carroll v. U.S., 267 U.S. 132 (1925), it was determined that the risk of the vehicle being moved from the jurisdiction, or the evidence being destroyed or carried off, justifies a warrantless search as long as such search is conducted with probable cause that the vehicle which is subject to seizure contains contraband. As stated in Delaware v. Prouse, 440 U.S. 648 (1979), stopping an automobile and detaining the driver in order to check the license and registration is unreasonable under the fourth amendment unless there is probable cause to believe that the motorist is unlicensed, that the automobile is in violation of equipment laws, or that its occupants are exhibiting suspicious behavior. And in the case, U.S. v. Ross, 456 U.S. 798 (1982), the Court found that when the police have probable cause to justify a warrantless search of a car, they may search the entire car, and open the trunk and any packages or luggage found therein that could reasonably contain the items for which they have probable cause to search.
Main Term(s): Vehicle searches
Index Term(s): Police legal limitations; Police responsibilities; US Supreme Court decisions
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