Criminal Procedure for the Criminal Justice Professional 11th Edition

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Criminal Procedure for the Criminal Justice
Professional 11th Edition

• John N. Ferdico
• Henry F. Fradella
• Christopher Trotten

Search and Seizure of Vehicles and
Containers Chapter 11
Prepared by Tony Wolusky
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The Carroll Doctrine

• The automobile exception to the warrant
  requirement that allows a warrantless search of a
  readily mobile car based on probable cause that
  it contains contraband.

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Rationale for the Automobile Exception

• Vehicles are inherently mobile.
• Occupants of vehicles have a diminished
  expectation of privacy.
• Vehicles travel on public roadways.
• Vehicles are not permanent residences.
• Vehicles must be registered.
• Drivers must be licensed.
• Vehicles must be inspected.
• Vehicles and how they are driven are heavily
  regulated.

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Requirements of the Automobile Exception

• For the automobile exception to the warrant
• requirement to apply, two criteria must be met.
• An officer must have probable cause to believe
  the motor vehicle contains illegal contraband.
• The vehicle must be readily mobile such that it
  is capable of being moved outside the
  jurisdiction. No additional exigent
  circumstances are required.

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Requiring a Warrant for Searching Vehicles

• A search warrant is needed if
• The vehicle is clearly not being used for
  movement (i.e., it is elevated on blocks) or
• The vehicle is located on private property and
  there is time to obtain a warrant.
• Warrants must be based on probable cause.

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Delay in Search

• A delay in the warrantless search and a change in
  the vehicles location may be permissible under
  the Carroll doctrine.
• Surrounding circumstances make an immediate
  search on the highway unsafe or impractical.
• Search of the car at a new location must be done
  without unreasonable delay.

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Scope of a Vehicle Search under the Automobile
Exception

• Carroll searches allow for the search of
  anything, including containers and passengers
  belongings, within the vehicle that the officer
  has probable cause to search for a particular
  object.
• If an officer has probable cause to search only a
  particular container placed in a vehicle, the
  officer may search that container but not the
  entire vehicle.

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Searches of Movable Containers Located in Public
Places

• The Carroll doctrine does not permit the
  warrantless search of any movable container found
  in a public place.
• Closed containers and packages located outside of
  a vehicle may not be searched without a warrant
  or justification under some other exception to
  the warrant requirement.

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Impoundment and Inventory Searches

• The police may impound motor vehicles. Police
  routinely inventory impounded vehicles contents.

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Impoundment

• Police may impound motor vehicles under specific
  circumstances.
• When they impede traffic or threaten public
  safety and convenience
• When their drivers or owners are taken into
  custody or are incapacitated
• After seizing them as evidence of a crime
• After the vehicle has been forfeited pursuant to
  state law
• After a vehicle has been reported stolen

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Inventory Searches

• Police may inventory the contents of lawfully
  impounded vehicles
• To protect the owners property
• To protect the police against claims regarding
  lost, stolen, or vandalized property
• To protect the police from potential danger
• A valid inventory search requires neither
  probable cause or a warrant.

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The "Standard Procedures" Requirement for
Inventory Searches

• Inventory searches must be done according to
  standardized procedures.
• These procedures must be reasonable and
  administered in good faith (e.g., not for the
  purpose of criminal investigation).

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Permissible Scope of Inventory Searches

• Inventory searches are based on standard
  departmental procedures. Based on these
  procedures, courts have upheld inventory searches
  of the
• Passenger compartment
• Glove compartment
• Trunk
• Engine compartment of vehicles
• Closed containers found within the vehicle

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Time Limitations for Inventory Searches

• Absent emergency circumstances, an inventory
  search of a vehicle must be conducted at the time
  of impoundment or shortly thereafter.

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Inventory Searches and the Plain View Doctrine

• Inventory searches are not done to search for
  contraband. However, if any contraband or
  incriminating evidence is found during a lawful
  inventory, it may be lawfully seized under the
  plain view doctrine.

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Standing for Objecting to Vehicle Searches
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Fourth Amendment Challenges to Carroll Doctrine
Searches

• In order to challenge an illegal search by police
  under the automobile exception, a vehicle
  occupant must have a reasonable expectation of
  privacy in the areas of the vehicle that are
  searched.
• Passengers in a vehicle generally have no
  reasonable expectation of privacy in the
  vehicles interior area.
• Passengers may challenge a stop.

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Other Issues Related to Vehicle Searches
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Tracking Vehicles using Electronic Devices

• The warrantless monitoring of a beeper or GPS
  device in a motor vehicle to trace the movement
  of the vehicle over public thoroughfares does not
  violate the reasonable expectation of privacy of
  the occupant of the vehicle.
• A warrant or emergency circumstances are required
  to monitor the beeper or GPS in a motor vehicle
  after it enters a private home or business.

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Vehicle Searches by Dogs

• The use of specially trained dogs to detect the
  smell of drugs in a vehicle is not a search
  under the Fourth Amendment.
• If the dog alerts to the presence of contraband
  in the vehicle, this may provide the officer with
  the probable cause necessary to search a readily
  mobile vehicle under the automobile exception.