Laws regarding search and seizure car
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Vehicular Searches :: Fourth Amendment -- Search and Seizure :: US Constitution Annotated :: Justia
Check order status Contact us Visit our resource center. Check order status Dashboard Sign out Sign in. When can the police search the trunk of a car? No Warrant is Required to Search a Car Another point on law enforcement's side is that cars are generally excepted from the advance warrant requirement because of their mobile nature.
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- SEARCHES, SEIZURES AND INVASION OF PRIVACY!
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Search and Seizure: Age must be considered when determining whether to give Miranda warnings to juvenile suspects; Vehicle Code: Moving violations in school bus zones. Firearms Law: Open carry; unlawful premises; brandishing; transporting; carrying concealed; pistol registration; CPL pistol free zones; possession by out-of-state residents. Criminal Law: Prohibited use of tracking devices; downloading child pornography on a CD-R does not automatically mean manufacturing; searching for child pornography on the Internet may be possession; Carboxy-THC is not a controlled substance; sexual contact includes touching for humiliation.
Criminal Law: Homeless not required to register Back-to-Basics: Request for an attorney prior to chemical test. Vehicle Code: Implied consent violations and inevitable discovery Back-to-Basics: Hot pursuit exception to the warrant requirement. Before getting to the issue of reasonableness, however, the defendant must show that a search in fact occurred, and that the search was conducted by the government-most often by the police. For example, if a neighbor comes into your house and takes your CD player, this is a crime; but it is not a violation of the Fourth Amendment unless the neighbor was acting as an agent of the state.
Although there was a search, there was no "state action.
When can the police search the trunk of a car?
Supreme Court helped define the concept of search in the case of Katz v United States. Katz was subsequently convicted of eight counts of transmitting wagering information by telephone-in other words, gambling. Katz objected to the introduction in court of a normally private conversation, arguing that the wire tap was analogous to a search and, therefore, the government should first have obtained a search warrant.
The Court agreed that the wire tap was a search under the Fourth Amendment. The Court held that a search is an intrusion into an area covered by a reasonable expectation of privacy in this instance, a private phone conversation. A search does not require a physical entry.
The government can search with wire taps, X-ray machines, and telescopes. What is a Reasonable Search? If the defendant proves both state action and the existence of a search, then the police are held to the Fourth Amendment's standard of reasonableness. The text of the amendment suggests that one way to meet this standard is to execute the search based on a warrant "supported by oath or affirmation, and particularly describing the place to be searched and the persons and things to be seized.
An additional way to interpret reasonableness is to weigh, in each case, the legitimate law enforcement interests of the government against the individual's reasonable expectation of privacy. This case-by-case approach gives the government more flexibility and may make search and seizure law less predictable.
Such a balancing test also invites consideration of the importance of the state's interest in stopping crime and reducing violence.
When is a Warrant Not Required? While there is a judicial preference for warrants in terms of separation of powers, warrants act as a check on the power of the executive branch by the judicial branch , the U. Supreme Court has never required all searches to be supported by a valid warrant. In fact, a number of exceptions to the warrant requirement have been developed. Among the most important in use today are:. These exceptions are judicially created categories designed to accommodate the legitimate needs of law enforcement as balanced against the individual's right to be free from unreasonable searches and seizures.
Searches falling into these categories are deemed reasonable, even though warrantless. However, the increase in violent crime and the parallel response of law enforcement in the last quarter of this century has made it very difficult to fit search and seizure cases into a neat analytic model. That would mean requiring a valid warrant unless the search clearly fits into one of the recognized exceptions.
The lingering question remains: what is reasonable? For example, a recent U.
Supreme Court case involved a police officer who was patting down a suspect during a stop and frisk situation. Technically, there is no probable cause for a full-scale search at this point, because there is only a suspicion that a person is acting dangerously. What should happen if the police, in patting the person down for a weapon, come across an object that "feels" like an illegal substance-in this case, drugs?
Clearly, the police do not have to take the drugs to ensure their safety as they continue their investigation. But does the Constitution require them to turn a blind eye? In , the U.