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

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

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

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: 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

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

The Pros And Cons Of Ordering Meyers Outside The Judicial Process

396 Words | 2 Pages

Warrantless searches and seizures conducted outside the judicial process are per se unreasonable, absent an established exception. (Minnesota v. Dickerson (1993) 508 U.S. 366.) Officers may temporarily detain an individual to conduct an investigatory stop for the purposes of investigating a criminal offense without a warrant. (Terry v. Ohio (1968) 392 U.S. 27.) Nonetheless, a warrantless investigatory stop constitutes a seizure under the Fourth Amendment.

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

Examples Of Exceptions To The Fourth Amendment

153 Words | 1 Pages

Several exceptions to the Fourth amendment have been made over the past several decades, with some being understandable and others being questionable. Consenting to a search results in not needing a warrant, though this poses many exceptions and complications, i.e. the scope of the consent given, whether consent is voluntarily specified, or whether a person has the right to consent to a search of another's property. Another understandable exception is the “plain view” doctrine, where an officer (acting in legal presence) can seize plain view objects. The stipulation to this is that the officer must have had probable clause that the objects seized are contraband. Exigent circumstances, where it would be harmful or impractical to obtain a warrant

Read More

Institutional Racism In The Criminal Justice System

988 Words | 4 Pages

The Section One of the Police and Criminal Evidence Act, similarly, allows to stop and search for any prohibited items as such, however, this act allows the police to search however, only if there are reasonable grounds for suspicion for possession of those

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

Essay On Fourth Amendment In School

1129 Words | 5 Pages

So once you or the individual has consent to search, the general rule is that they have waived the rights that protect them under the fourth amendment. Another thing the fourth amendment doesn’t protect are observations, or anything in plain sight. this is because items in plain sight, “ are not considered searches within the protection of the fourth amendment on the basis that what individuals knowingly expose to the public,…, is not subject to the protection of the fourth amendment.” (P.T.,

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

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

More about The Importance Of Automobile Search

Related Topics

Open Document