9.14 Particular Rights-Fourth Amendment-Unreasonable Search-Exception to Warrant Requirement-Search of Vehicle Incident to Arrest of a Recent Occupant
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FAQ
The 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, and particularly describing the place to be searched, and the persons or things
United States v. Robinson (1973) ? The U.S. Supreme Court held that "in the case of a lawful custodial arrest a full search of the person is not only an exception to the warrant requirement of the Fourth Amendment, but is also a reasonable search under that Amendment."
Labron the US Supreme Court stated, "If a car is readily mobile and probable cause exists to believe it contains contraband, the Fourth Amendment permits the police to search the vehicle without more." The scope of the search is limited to only the area that the officers have probable cause to search.
Under the exception, a vehicle may be searched without a warrant when evidence or contraband may possibly be removed from the scene due to the mobility of a vehicle such that it is not practical to secure a warrant without jeopardizing the potential evidence.
Three exceptions to the exclusionary rule are "attenuation of the taint," "independent source," and "inevitable discovery."
Other well-established exceptions to the warrant requirement include consensual searches, certain brief investigatory stops, searches incident to a valid arrest, and seizures of items in plain view. There is no general exception to the Fourth Amendment warrant requirement in national security cases.
A routine traffic stop is justified if the police officer has a reasonable suspicion that the occupant is unlicensed or the vehicle is unregistered. The officer does not need a reasonable suspicion of the occupant's involvement in criminal activities.
The Fourth Amendment prevents the government from performing unreasonable searches and seizures. A traffic stop would be considered a seizure under the Fourth Amendment and in order to be shown as reasonable, the officer needs to show that there is reasonable suspicion to pull over your car.