ipl-logo

The Importance Of Automobile Search

1130 Words5 Pages

Automobile searches and many other types of searches and seizures are protected by the fourth amendment. The fourth amendment to the constitution prohibits unreasonable searches and seizures. Searches can only be justifiable if provided a warrant, probable cause, supported by oath of or affirmations. Automobile searches are an important aspect when it comes to police work. Without the ability to conduct warrantless searches on vehicles, the ability to get away with a crime while in a motor vehicle very easy and would become a simple and typical task in the criminal world. When an automobile search can be conducted the officer needs to have probable cause to believe that there is evidence of a crime in the vehicle. The automobile searches are …show more content…

In 2013 a man in New York City was pulled over for a minor traffic violation. The three officers on scene stated that they smelled marijuana and spotted at police scanner and cash on the center counsel. The officers arrested the man, and in that case the care will be inventoried, but when arrested the three officers searched the car and even under the hood to discover a handgun in the vehicle. The City Of New york was sued for 3 million dollars stating that the search was done illegally, which it was. After hearing this the Queens district attorney dismissed the charges on the man.

Not all vehicle searches go that route and majority of them are done legally and result of some sort of evidence of a crime being gathered. All police officers know the law and know that they need probable cause to search a vehicle due to the fact that if they do not have probable cause and do it anyway then the evidence found will it be admissible in court and not to mention they themselves will get into trouble with their superiors. Not every automobile search turns up something …show more content…

In United States vs. Chadwick, a double sided foot lockers was enclosed in the car of a suspected drug dealer. Entry to the foot locker was gained and was later determined to be a violation of the fourth amendment. That being said officers would need a warrant to gain entry into an item such as that or verbal consent from the owner of the enclosed item in the vehicle being searched. Back to probable cause though when it comes to closed containers it can be searched without a warrant if it is to be believed contraband or other illegal matter may be in there but it is a tense situation whether it is legal or not. Specific parameters were created to ensure that the police were not just digging through every little thing trying to find criminal

Show More
Related

  • Chimel Vs. California Case Study

    455 Words  | 2 Pages

    They have also said that it is reasonable for any officer to do an immediate area search of where that individual is to make sure that they can not grab anything for a weapon like for example a knife. The Supreme Court clearly notes in its opinion that such searches have to happen in the immediate area of arrest and any such search outside that area must be made with a search warrant. In Chimel case the officers could have patted down Chimel and then done a search of the immediate area to make sure that no weapons were hiding around. But once they began looking all around the house that requires a search warrant. The Supreme Court reversed the California Supreme Court’s

    Read More

  • Civil Court Case: Horton V. California

    247 Words  | 1 Pages

    Case: Horton v. California Citation: 496 U.S. 128 (1990) Year Decided: 1990 Facts: After obtaining a warrant for stolen items from an armed robbery, a California police officer searched petitioner Horton’s home. The officer had described both the weapons used and property stolen in the affidavit for the search warrant, but the Magistrate issuing the warrant only authorized a search for the stolen property. Even though the police did not discover the stolen property, weapons matching the officer’s description were found in plain view and seized. Horton ended up being convicted of armed robbery after a motion to suppress the seized evidence was denied by the trial court.

    Read More

  • Summary: The Case Of Sam Wardlow

    899 Words  | 4 Pages

    But, that was not the case and the officers did pursue sam without probable cause. Evidence that was founded by taking an individual’s rights is illegal and cannot be used in

    Read More

  • The United States V. Place 462 US Case Brief

    510 Words  | 3 Pages

    696, 709] suspect 's custody, we think the limitations applicable to investigative detentions of the person should define the permissible scope of an investigative detention of the person 's luggage on less than probable cause. Under this standard, it is clear that the police conduct here exceeded the permissible limits of a Terry-type investigative stop.” “In these respects, the canine sniff is sui generis. We are aware of no other investigative procedure that is so limited both in the manner in which the information is obtained and in the content of the information revealed by the procedure.”

    Read More

  • Summary: Immigrant Vs Defore

    570 Words  | 3 Pages

    Facts: The defendant (Defore) was arrested by a police officer for stealing a coat. If he did commit the offense, it was considered a misdemeanor of petit larceny because the overcoat did not cost more than fifty dollars. The defendant was in the hallway of his apartment complex when he was arrested. After Defore was in custody, the arresting police officer went into Defore’s residence and searched it. During his search the officer found a bag, which contained a blackjack (a short, lead-filled club with a flexible handle).

    Read More

  • Billy Greenwood And Dyanne Van Houten Summary

    602 Words  | 3 Pages

    As time goes by the state of California argued that the trash at the curb is in a area where it can be controlled by the home owner and it is not within the protection of the 4th amendment also any person passing could have access to it and no one who put trash on the curb has an expectation of privacy because it is released to the public view by the defendant but it can cause a problem for the house search is admissible as a part of the prosecution case for illegal drug trafficking .As the case continued for Greenwood they argue that the “ Adequate probable cause “ to the search the trash but the evidence should not be acceptable without the evidence gathered from the search trash and the police would have no probable cause for the house warrant . Therefore the warrant and the evidence can’t be acceptable and they didn’t have permission from Mr. Greenwood to search his trash because he had a “reasonable expectation of privacy “ and the search warrant was not admitted for prosecution

    Read More

  • Aguilar Vs Texas Case Analysis

    731 Words  | 3 Pages

    a) The police had conducted due investigations including a background search on the ownership of the premises and the vehicle that was being used by the suspects. The background search results corroborated the unidentified police informant’s accounts on the suspect’s identity. Thus the police had probable cause to believe the suspects were involved in criminal activities. b) Based on CRI-2 account of the activities of Mildred, and the background check by affiants, their inference that Mildred was in fact involved in illegal activities was indisputable and as such the affidavit satisfied the test of reliability and the judge needed no further or extra information to issue the search warrant. c) The period the affiants were involved in observing, documenting and piecing together different parts of evidence necessary to form a probable cause as to the conduct of the suspects is sufficient and meets the test of “acting in good faith” to obtain the warrant to search the person of the defendant and vehicle and are not in any violation of the defendant fourth amendment right to privacy.

    Read More

  • Chapter 4: Criminal Investigatory Search Warrants

    579 Words  | 3 Pages

    Chapter 4 is titled "Criminal Investigatory Search Warrants. " Search warrant laws are found in the Fourth Amendment of the Bill of Rights. The elements of a search warrant include: (1) an order in writing, (2) issued by a proper judicial authority, (3) in the name of the people, (4) directed to a law enforcement officers, (5) commanding the officer to search for certain personal property, and (6) commanding the officer to bring that property before the judicial authority named in the warrant. Neutral judicial officers such as clerks of court, magistrates, complaint justices, judges, and justices of the peace are allowed to issue search warrants in their permitted jurisdictions. They must have probable cause before they can authorize a search warrant, which is usually done through an affidavit submitted by the law

    Read More

  • Case Study On Riley Vs California

    922 Words  | 4 Pages

    Because of the police arrangement of appropriating, San Diego Police Department require to direct a stock inquiry on the vehicle to record it at time of seizure, as security against obligation asserts in not so distant future. 3. While the search the cops discovered two weapons and arrested Riley for ownership of those weapons (guns). Riley was arrested and his cellphone was seized. In the examination report of the cellphone, two-organize warrantless inquiry of computerized digital search was performed.

    Read More

  • 4th Amendment Essay On Warrants

    906 Words  | 4 Pages

    Two additional times police do not need warrants are during hot pursuit and in plain view. Hot pursuit is when a law official is chasing a criminal and the criminal runs onto private property. The police can also take any evidence found during the chase. In plain view means cops can take any evidence in plain view as long as the police are where they can legally

    Read More

  • Dwight Dexter Upheld In The United States Criminal Justice System

    625 Words  | 3 Pages

    The Fourth Amendment clearly states that the police must have a warrant to search a someone’s home and personal belongings. Though the police had probable cause, the murder they intended to find could not be located in Mr. Dexter’s car. The police and investigators searched Mr. Dexter’s car without obtaining a search warrant because they did not have enough time to get one. In the car they found a gun that did not relate to the

    Read More

  • Arguments Against The Fourth Amendment

    379 Words  | 2 Pages

    Based on an article written in the official website of Cornell University Law School titled “Fourth Amendment: An Overview” states that: "[t]he right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation" (LII Staff). The Constitution, through the Fourth Amendment, shield's individuals from nonsensical pursuits and seizures by the government. The Fourth Amendment, in any case, is not a certification against all ventures and seizures, but rather just those that are regarded outlandish under the law. This is a great example for people who blame the government for allowing parent to implant microchips in their children.

    Read More

  • Persuasive Essay On Stop And Frisk

    796 Words  | 4 Pages

    An officer may only be allowed to search a person 's personal belongings if their reasoning is associated with a lawful arrest and if they have a probable cause to search (Matthews). After it being a huge deal in New York, other cities and states began embracing the use of stop-and-frisk as it began growing around the United States. In the 1950s police officials in other cities took up, and expanded, the stop-and-search tactics by using the LAPD to embrace the theory of crime

    Read More

  • What Is The Importance Of The Fourth Amendment

    939 Words  | 4 Pages

    The Fourth Amendment states that, “the rights of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.” This means that citizens of the United States of America are entitled to privacy and freedom from the government. With most things, there are limits set out to that privacy. Police officers can search your premises, which includes your car and your property. They can do this to look for and seize stolen materials, evidence of a crime, and illegal items such as: drugs, weed, or any illegal substance.

    Read More

  • Arguments Against The Exclusionary Rule

    493 Words  | 2 Pages

    Ohio (1961), the Supreme Court trusted that the Constitution charged the exclusionary rule as a remaking of a Fourth Amendment infringement. They saw the truths of the sample, the exclusionary rule which was the assurance of somebody 's protection furthermore required by the Due Process which portrayed the Fourteenth Amendment. The rule stated three purposes by the Mapp Court, the right given by the constitution and stated that when police admitted that they were at fault, judges then extended the violations in court. This would stop misconduct for negligence since the case of Mapp the Supreme Court has seized out many exceptions to the exclusionary rule. I would agree with exclusionary rule, searches are easy to get permission from most defendants.

    Read More

More about The Importance Of Automobile Search

Open Document