Automobile Exception

Geographic Scope: Automobiles

After arresting the occupant of an automobile, the police may search the interior of the auto incident to the arrest if at the time of the search:

Automobiles (1)

(i) The arrestee is unsecured and still may gain access to the interior of the vehicle; or

Automobiles (2)

(ii) The police reasonably believe that evidence of the offense for which the person was arrested may be found in the vehicle.

Side note to (3)

If the police have full probable cause to search a vehicle, they can search the entire vehicle (including the trunk) and all containers within the vehicle that might contain the object for which they are searching. Thus, if the police have probable cause to believe that drugs are within the vehicle, they can search almost any container, but if they have probable cause to believe that an illegal alien is hiding inside the vehicle, they must limit their search to areas where a person could hide.

Side note to (1) part 2

If the police have probable cause to believe that a vehicle such as an automobile contains contraband or fruits, instrumentalities, or evidence of a crime, they may search the vehicle without a warrant. Rationale: Automobiles and similar vehicles are mobile and so will not likely be available for search by the time an officer returns with a warrant. Moreover, the Supreme Court has declared that people have a lesser expectation of privacy in their vehicles than in their homes. Note: Similarly, if the police have probable cause to believe that the car itself is contraband, it may be seized from a public place without a warrant.

Geographic Scope

Incident to a constitutional arrest, the police may search the person and areas into which he might reach to obtain weapons or destroy evidence (his "wingspan"). The arrestee's wingspan follows him as he moves. Thus, if the arrestee is allowed to enter his home, police may follow and search areas within the arrestee's wingspan in the home. The police may also make a protective sweep of the area beyond the defendant's wingspan if they believe accomplices may be present.

Analyze (3)

It must be determined whether the scope of the search is consistent with the exception, and

Side note to (1)

Probable cause is present when, at the time of stop, the officer has within their knowledge reasonably trustworthy facts and circumstances sufficient to warrant a reasonably prudent person to believe that the suspect has committed or is committing a crime for which arrest is authorized by law.

Arizona v. Gant example

The police arrested defendant for driving on a suspended license shortly after he stepped out of his car. Defendant was then handcuffed and placed in a squad car. The police then searched the passenger compartment of defendant's car and found cocaine in a jacket in the car. The search here was an invalid search incident to arrest. Because defendant was handcuffed and locked in a squad car, he could not likely gain access to the interior of his car in order to destroy evidence or procure a weapon. Nor did the police have any reason to believe that the car contained any evidence relevant to the charge of driving on a suspended license.

Search Incident to a Lawful Arrest

The police may conduct a warrantless search incident to an arrest as long as it was made on probable cause.

Exceptions to warrant-less searches

There are six exceptions to the warrant requirement; i.e., six circumstances where a warrantless search by law enforcement officers is reasonable and therefore is valid under the Fourth Amendment. To be valid, a warrantless search must meet all the requirements of at least one exception.

Analyze (1)

the officer must possess probable cause

New York v. Belton example

A police officer stopped a vehicle for speeding. Upon approaching the vehicle, he smelled burnt marijuana and saw an envelope on the floor marked with the street name of a certain type of marijuana. He ordered the car's four occupants out of the vehicle and arrested them for unlawful possession of marijuana. Having only one pair of handcuffs and no assistance, he could not secure the arrestees. He had them stand apart from each other and proceeded to search the vehicle. During the search, the officer discovered cocaine in a jacket in the vehicle. The search was a valid search incident to arrest either because an "unsecured" arrestee easily could have gained access to the vehicle, or because the officer could reasonably believe that the vehicle contained evidence of the drug charge on which he arrested the occupants.

Automobile Exception

The automobile exception permits an officer who possesses probable cause to believe that an automobile, found in a public place, may contain contraband or other evidence of a crime to conduct a search of the entire car (including any containers found therein) without first securing a warrant.

Analyze (4)

The automobile exception, when properly invoked, provides a basis on which to excuse an officer's failure to secure a warrant prior to conducting the search or seizure.

Analyze (2)

The automobile must be in a public place and not a private location

Note to: Geographic Scope: Automobiles

[Arizona v. Gant, 556 U.S. 332 (2009)] Gant overturned a practice permitting a search incident to arrest of the entire interior of an auto whenever the person arrested had recently been in the auto. This practice was based on a broad interpretation of an earlier case, New York v. Belton, 453 U.S. 454 (1981).