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NCJ Number: 30772 Find in a Library
Title: SEARCH AND SEIZURE OF AUTOMOBILES WITH CONSIDERATION OF THE IMPACT OF UNITED STATES V ROBINSON (FROM CRIMINAL JUSTICE SYSTEMS REVIEW, 1974 BY JON S SCHULTZ AND JON P THAMES - SEE NCJ-30751)
Author(s): J THAMES; T JOHNSON
Corporate Author: William S Hein and Co, Inc
United States of America
Date Published: 1974
Page Count: 7
Sponsoring Agency: William S Hein and Co, Inc
Buffalo, NY 14209
Format: Document
Language: English
Country: United States of America
Annotation: IN THIS 1973 DECISION, THE SUPREME COURT HELD THAT A WARRANTLESS SEARCH PURSUANT TO A CUSTODIAL ARREST FOR A TRAFFIC VIOLATION IS CONSTITUTIONALLY VALID.
Abstract: THIS ARTICLE EXAMINES PRE-ROBINSON CASE LAW RELATING TO SEARCH AND SEIZURE OF THE AUTOMOBILE AND FROM THE PERSON OF THE DRIVER, THE ROBINSON DECISION ITSELF, AND POST-ROBINSON SEARCH OF CONTAINERS WITHIN AN AUTOMOBILE. THE AUTHOR CONCLUDES THAT THERE IS SELDOM IF EVER A LEGAL BASIS TO OPEN A CONTAINER INCIDENT TO A TRAFFIC ARREST OR AN AUTOMOBILE SEARCH, ABSENT INDEPENDENT PROBABLE CAUSE TO BELIEVE THAT THE CONTAINER (AS OPPOSED TO THE CAR ITSELF) CONTAINS EVIDENCE OR CONTRABAND.
Index Term(s): Automobiles; Judicial decisions; Search and seizure; Search and seizure laws; Search warrants; US Supreme Court
To cite this abstract, use the following link:
http://www.ncjrs.gov/App/publications/abstract.aspx?ID=30772

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