Presentation is loading. Please wait.

Presentation is loading. Please wait.

Motor Vehicle Exception

Similar presentations


Presentation on theme: "Motor Vehicle Exception"— Presentation transcript:

1 Motor Vehicle Exception

2 The Fourth Amendment has been construed … as recognizing a necessary difference between a search of a store, dwelling house or other structure in respect of which a proper official warrant readily may be obtained, and a search of a ship, motor boat, wagon or automobile, for contraband goods, where it is not practicable to secure a warrant because the vehicle can be quickly moved out of the locality or jurisdiction in which the warrant must be sought. US Supreme Court Justice William Howard Taft

3 U.S. v Ross (1982) Reliable informant tells Detective Marcum that an individual known as “Bandit” had just completed a narcotics sale and that Bandit told him there were more drugs in the trunk of his car. Informant gives detailed description of Bandit and describes his car as a maroon Chevy Malibu and gives location of where it is parked. Detective Marcum and officers drive to address and find car. They match license plate to owner and find a picture of the owner, who matches description of Bandit.

4 They looked for Bandit but did not see him.
They leave and return to see Bandit’s car travelling down the street. They pull beside it and match the informant’s description to the driver, and they stop the vehicle. They order Ross out of the car and search him. Detective Marcum sees a bullet in the car seat, so he searches the car. In the trunk, he finds a brown paper bag and opens it to discover envelopes containing white powder. At the police station, officers thoroughly search the car and find $3200 in cash.

5 The lab matches the powder to heroin
The lab matches the powder to heroin. Ross was charged with possession of heroin with intent to distribute. The police had never obtained a search warrant, and Ross claims the searches were unreasonable. He tried to suppress the evidence (cash and drugs). In a 6-3 decision, the Supreme Court descides that it did not violate 4th Amendment rights because they legitimately stopped a vehicle and had probable cause to believe there was contraband concealed within, and could therefore conduct a warrantless search.

6 When there is probable cause to search a vehicle, police may search every part of the vehicle and its contents. This includes containers and packages that may conceal whatever the police are looking for. It does exclude containers that could not hold what they are looking for. For example, a search to find undocumented aliens in a van does not constitute checking bags in the van. The Ross case removed the warrant requirement for motor vehicle searches, making it an exception because the vehicle could be easily moved, concealing or destroying evidence.

7 California v. Carney Carney met a young person in downtown San Diego. A DEA agent followed them to a nearby motor home, which the DEA agent had heard was being used to trade marijuana for payment. Agents waited outside the motor home and stopped the young person when he left. He told the agents Carney had given him marijuana in return for payment. They had the young person knock on the door and showed their badges when Carney answered. With probable cause but no warrant and without consent, the police entered and found marijuana. They arrested Carney.

8 California v. Acevedo A federal drug enforcement agent sent police in Santa Anna a package of marijuana he had intercepted. The police took the package to a nearby press office and waited for someone to claim it. The next morning, Jamie Daza picked up the package. The police followed him to his apartment. One officer went to get a search warrant while others watched the apartment. An hour later, Acevedo entered the apartment, stayed for 10 minutes and came out with a brown paper bag. He drove away with the bag in his trunk. Police stopped him, opened the trunk and bag and found marijuana.

9 Wyoming v. Houghton Wyoming Hwy Patrol officers stopped a car for speeding and a faulty brake light. One officer noticed the driver had a hypodermic syringe in his shirt pocket and asked him to exit the vehicle. He asked about the syringe, and the driver admitted it was for illegal drugs. Police got the passengers out of the vehicle. One lied to officers with a false name and claiming to have no ID. Officers searched the car and found a purse, which Houghton claimed. Inside it, they found her ID. They also found a brown pouch with methamphetamine. She did not claim it but had track marks on her arms. They arrested her.

10 Arizona v. Gant Police in Tucson, AZ, went to a house after receiving a tip about drugs there. Gant answered the door, identified himself, and said the owner would return later. Police left and found a warrant for Gant for driving with a suspended license. They returned at night and arrested a woman in a car in front of the house for having drug paraphernalia. They also arrested a man at the back of the house for providing a false name. After putting them in separate cars, they observed Gant drive up, park in the driveway, and walk toward officers. They arrested him and searched his car, finding a gun and cocaine.


Download ppt "Motor Vehicle Exception"

Similar presentations


Ads by Google