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Criminal Procedure • Exclusionary Rule
CRIMPRO#017
Legal Definition
If the police have probable cause that a car contains evidence of a crime, they may search the whole vehicle and any container that might reasonably contain the item for which they have probable cause to search (which includes the passengers' belongings). Probable cause can arise after a Terry stop, but the police must have probable cause to search.
Plain English Explanation
Generally, if police have probable cause to believe that a car contains evidence of a crime, they are allowed to search the entire vehicle and any containers within it that might reasonably contain the evidence. This includes the belongings of passengers. The scope of the search is not limited by the type of crime suspected; it is based on whether the evidence could reasonably be found in the area being searched. In other words, when you ask yourself, "Was it appropriate for the cop to search there?" the answer is yes if it is reasonable for the officer to believe relevant evidence could fit inside—or be concealed by—the thing being searched.
Hypothetical
Hypo 1: Bob is driving home with Sam from a party. Bob, the driver, decides to smoke some weed to help balance out how drunk he is. When he pulls up to a red light, an Officer pulls up next to him. The Officer smells Bob's joint and pulls them over. After securing Bob and Sam in cuffs, Officer searches the inside of the car. Officer finds a jacket and feels inside of its pockets, discovering a small baggie of cocaine. Result: The issue here is, "What right did Officer have to search the inside of a jacket in order to discover the cocaine?" The answer: Officer's reason for arresting Bob and Sam was a result of him smelling marijuana smoke emanating from their car. As such, Officer had the right to search the car for evidence of marijuana in any location that may be able to conceal it. Since marijuana could be stashed anywhere, checking the jacket pockets was reasonable. Though he didn't find marijuana, he did find cocaine, and the cocaine was found during a lawful search under the automobile exception.
Related Concepts
What are special needs search exceptions to the warrant requirement?
What are the 5 exceptions to the fruit of the poisonous tree exclusionary rule?
What are the exceptions to the warrant requirement?
What are the Terry stop and frisk rules?
What are the wiretapping and eavesdropping exceptions to the warrant requirement?
What does the 4th Amendment protect against?
What is a facially valid warrant?
What is the consent exception to the warrant requirement?
What is the evanescent evidence, and hot pursuit exception to the warrant requirement?
What is the exclusionary rule?
What is the fruit of the poisonous tree doctrine?
What is the good faith defense to an invalid warrant?
What is the harmless error rule?
What is the plain view exception to the warrant requirement?
What is the search incident to arrest exception to the warrant requirement?
What is the stop and frisk exception to the warrant requirement?
When are police checkpoints valid?
When are police excused from knocking and announcing?
When does a person have automatic standing and a reasonable expectation of privacy in a 4th Amendment violation claim?
When do individuals have no standing and no reasonable expectation of privacy in a 4th Amendment violation claim?
When is a warrant based on a tip by an informant sufficient?
When is the exclusionary rule inapplicable?
