Warrantless Car Searches
Name one circumstance that may justify a warrantless car search.
Accident cases, vehicle believed abandoned, or vehicle itself is the subject of a crime
What amendment allows warrantless inventory searches of arrested individuals?
4th Amendment.
Who sets limits on vehicle stops and searches besides the courts?
State law and departmental policy.
A car is impounded after a DUI arrest. Can police search it without a warrant?
Yes, police can conduct an inventory search without a warrant.
What does the 4th Amendment protect against?
What type of case involves a vehicle that is believed abandoned?
A warrantless search applies when the vehicle is believed abandoned.
What must police follow when conducting inventory searches?
Police must follow standardized procedures.
What happens if state law is more restrictive than court decisions?
Officers must follow state law and policy if they are more restrictive.
A vehicle is found abandoned on a highway. What type of search applies?
Warrantless search because the vehicle is believed abandoned.
T/F - Inventory searches violate the 4th Amendment?
False - Inventory searches are allowed under the 4th Amendment if done properly.
T/F: A car involved in an accident can be searched without a warrant.
True - Cars involved in accidents can be searched without a warrant.
Name one reason police can lawfully impound a vehicle.
Reasons like DUI arrest, illegally parked, or when the car is a hazard of some kind.
T/F - Departmental policy can override state law
False - Departmental policy can not override state law
Police Suspect a car was used in a robbery. Can they search it without a warrant?
Yes, if the car is the subject of a crime (robbery).
What is the main purpose of inventory searches?
To protect property, prevent false claims, and ensure officer safety.
Ex) A stolen car or a car used in a robbery
T/F - Police must need PC to conduct an inventory search.
False - No PC is needed for an inventory search.
Why is it important for officers to know departmental policy?
To ensure searches are legal and avoid suppression of evidence.
A car is involved in a fatal accident. What search rule applies?
Warrantless search allowed because of accident circumstances.
Why is "bad faith" by police prohibited in inventory searches?
Because bad faith would make the search unconstitutional and evidence inadmissible.
Explain why warrantless searches are allowed in accident cases.
Evidence may be lost or destroyed and public safety concerns require immediate action.
What two conditions must be met for an inventory search to be valid?
Conditions: Police follow standardized procedures and act in good faith.
Give an example of how state law might limit a vehicle search.
Ex) State law may prohibit certain types of inventory searches or require written consent.
Name the US Supreme Court case that established the automobile exception to the 4th Amendment, allowing warrantless searches of vehicles with probable cause.
Carrol v. United States (1925) - The court ruled that because vehicles are mobile, officers can search them without probable cause.
Explain how the 4th Amendment applies to vehicle impoundment.
It allows inventory searches when vehicles are lawfully impounded, as long as procedures are followed.