CLASS NO. 10 WARRANTLESS SEARCHES. Plain View Police may seize contraband or evidence of crime that is in plain view.

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Presentation transcript:

CLASS NO. 10 WARRANTLESS SEARCHES

Plain View Police may seize contraband or evidence of crime that is in plain view

PLAIN VIEW Items in plain view may be seized even if discovery is not “inadvertent” [Horton] Probable cause to seize must be apparent without further manipulation [Hicks] “Plain touch” doctrine requires no manipulation [Minn. V. Dickerson]

AUTOMOBILE EXCEPTION Developed in 1925 in Carroll v. U.S. Must have p/c to believe contraband or evidence of crime in automobile May search without warrant Extends beyond search incident to arrest [Includes trunk area]

Scope of Automobile Exception Covers autos no longer mobile √ [Chambers] Covers parked cars √ [except Coolidge] Covers motor homes √ [Calif. v. Carney]

Containers ?? Chadwick (1977) –Needed to get warrant for footlocker Arkansas v. Sanders (1979) –If p/c for container in car, need to get warrant Ross (1982) –If p/c to search car, don’t need warrant to open bag found in the car

California v. Acevedo (1991) Resolved dispute between Chadwick/Sanders and Ross If p/c to search car, can also search containers in car

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