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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Sample Jury Instructions from the 9th Circuit Federal Court of Appeals. http://www3.ce9.uscourts.gov/jury-instructions/ 9.14 Particular Rights-Fourth Amendment-Unreasonable Search-Exception to Warrant Requirement-Search of Vehicle Incident to Arrest of a Recent Occupant is a legal exception to the Fourth Amendment's general requirement that a warrant be obtained before a search can be valid. This exception applies to the search of a vehicle incident to an arrest of a recent occupant. This exception allows law enforcement officers to search a vehicle without a warrant if they have reasonable suspicion that the vehicle contains evidence of criminal activity. Under this exception, officers may search the passenger compartment of the vehicle, as well as any containers that could contain evidence of the arrested's criminal activity. This exception is limited to searching for items that are directly related to the arrest. This exception to the Fourth Amendment's general requirement that a warrant be obtained before a search can be valid applies to the search of a vehicle incident to an arrest of a recent occupant. This exception does not apply to searches of vehicles conducted for general investigative purposes, such as searching for drugs or guns, or for searches conducted for protective purposes, such as searches for weapons.

9.14 Particular Rights-Fourth Amendment-Unreasonable Search-Exception to Warrant Requirement-Search of Vehicle Incident to Arrest of a Recent Occupant is a legal exception to the Fourth Amendment's general requirement that a warrant be obtained before a search can be valid. This exception applies to the search of a vehicle incident to an arrest of a recent occupant. This exception allows law enforcement officers to search a vehicle without a warrant if they have reasonable suspicion that the vehicle contains evidence of criminal activity. Under this exception, officers may search the passenger compartment of the vehicle, as well as any containers that could contain evidence of the arrested's criminal activity. This exception is limited to searching for items that are directly related to the arrest. This exception to the Fourth Amendment's general requirement that a warrant be obtained before a search can be valid applies to the search of a vehicle incident to an arrest of a recent occupant. This exception does not apply to searches of vehicles conducted for general investigative purposes, such as searching for drugs or guns, or for searches conducted for protective purposes, such as searches for weapons.

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9.14 Particular Rights-Fourth Amendment-Unreasonable Search-Exception to Warrant Requirement-Search of Vehicle Incident to Arrest of a Recent Occupant