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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 on theme: "CLASS NO. 10 WARRANTLESS SEARCHES. Plain View Police may seize contraband or evidence of crime that is in plain view."— Presentation transcript:

1 CLASS NO. 10 WARRANTLESS SEARCHES

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

3 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]

4 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]

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

6 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

7 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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