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- Newsgroups: alt.society.civil-liberty,misc.legal,talk.politics.drugs
- From: rss2d@poe.acc.Virginia.EDU (Randolph Stuart Sergent)
- Subject: Car Searches (Was: If Stopped by the Cops)
- Message-ID: <CBptI0.GsI@murdoch.acc.Virginia.EDU>
- Date: Fri, 13 Aug 1993 20:42:00 GMT
-
- [quoted text deleted -cak]
-
- Sadly, the Fourth Amendment is not particularly helpful or relevant in
- determining when the police can search your car. While it is theoretically
- the starting point of all search/seizure doctrine, the only way to know
- what the cops can and can't do is to look at the case-law.
-
- I can give you an overview of the Supreme Ct's decisions on car
- searches. Note that many state courts have broken with the Supreme Court
- in recent years, and may give citizens more protection under the State
- Constitution than under the Federal. In addition, in each area there are
- different administrative or other guidelines to control police behavior.
- However, in general, I would expect the cops to make full use of the limits
- of their constitutional powers.
-
- 1) Search incident to arrest: _New York v. Belton_ , police have the
- authority to search the passenger compartment of a car and any containers
- in it if they are arresting someone recently in that car. _Belton_ said
- that the police couldn't search the trunk without further justification,
- but the cops could probably justify a trunk search under a different line
- of cases.
-
- 2) Inventory searches: Anytime the cops tow a car, they can search
- the car and the contents of any containers inside of it, for inventory
- purposes. The justification is:
- 1) to protect the suspect's property,
- 2) protect the police from claims over lost or stolen property,
- 3) protect the police from dangerous instrumentalities (bombs in the car,
- etc.)
- The relevant cases are _South Dakota v. Opperman_ and _Colorado v.
- Bertine_. Note that even though this search is supposed to be for inventory
- purposes, they can use any evidence or contraband they find when they get
- you in court.
-
- 3) Car Searches with probable cause: Under _Chambers v. Maroney_ and
- _U.S. v. Carroll_, the police can search a car whenever they have probable
- cause. If the cops have probable cause, they can either do the search
- immediately or tow the car to a police yard, and then do the search. Either
- way, no warrant is required. The justification for this is that cars are
- mobile, and thus the cops can't wait to get a warrant or the car might leave.
- (I don't like this reasoning either). However, later cases, such as
- _Texas v. White_ and _California v. Carney_ show that the car doesn't need
- to be in motion or stopped on the highway. The Carroll-Chambers rule will
- apply to any car parked in a public place.
-
- There is a limited exception to this for a car parked on a private driveway.
- Under _Coolidge v. New Hampshire_, the cops would need a warrant if the
- car is on private property and there is plenty of time to obtain a warrant.
-
- 4) Probable cause to search a single container in a car: Under
- _California v. Acevedo_, the cops can search the entire car (including trunk)
- whether they have probable cause for the whole car or just for a specific
- container. As an illustration, if the cop smells marijuana outside your
- car, s/he has probable cause to believe there is contraband somewhere in
- the car. On the other hand, if you walk through the airport and the drug
- dog sniffs your luggage, and finds contraband, and then you put the
- luggage in your trunk, the cop only has probable cause to believe there is
- contraband in your luggage. Under _Acevedo_ this is irrelevant, so the
- thinking cop won't arrest you until you get into your car, and they can
- search both the luggage AND your car.
-
- 5) A "frisk" of your car: This is even more vague than the above rules.
- To make you stop your car, the cops need a "reasonable articulable suspicion"
- that you are either committing a crime or carrying contraband. Once you
- have stopped the cops have per se authority to make you get out of the car
- (meaning they don't have to justify such a request in any way). Then,
- the cop can "frisk" your car for weapons, and any containers which might
- contain a weapon, if they have "reasonable articulable suspicion" that
- they might find one. The reasoning is that the cop is in danger,
- and can search you to protect themselves. A "frisk" of a car is a cursory
- inspection of locations likely to contain a weapon, analogous to a frisk of
- a person. The Supreme Court has not defined "weapon" very narrowly, leaving
- open the possibility that the cops can frisk your car if they see your
- softball bat on the back seat (This issue has not come up yet).
-
- Of course, if the cops happen to find an illegal weapon or contraband,
- they become endowed with probable cause, and can then go on to perform a
- full search, or tow your car and search it later.
-
- Generally, I would say that with all of these doctrines allowing
- car searches, the police would have to do something blatantly evil before
- they would be unable to justify searching your car.
-
- randy
-
-
-