CAR IS NOT A HOME - THE LONG AND DIFFICULT PATH FROM CARROLL TO COOLIDGE (PART 3)

• NCJ Number: 4858
• Journal: POLICE LAW QUARTERLY Volume: 1 Issue: 4 Dated: (JULY 1972) Pages: 26-34
• Author(s): W D WOLFSON
• Date Published: 1972
• Length: 9 pages
• Corporate Author: IIT Research Institute
• Publication Format: Article

Annotation

LEGAL IMPLICATIONS OF SUPREME COURT DECISIONS ON THE SEARCH AND SEIZURE OF MOTOR VEHICLES AND FOURTH AMENDMENT PROBABLE CAUSE REQUIREMENTS FOR SUCH INVESTIGATIONS.

Abstract

DURING 1971, THE SUPREME COURT REVISED THE PRECEDENT ON MOTOR VEHICLE SEARCHES IN THE CASE OF COOLIDGE V. NEW HAMPSHIRE AND WHITELY V. WARDEN. IN WHITELY, THE COURT HELD THAT POLICEMEN MUST SUPPORT RADIO CALLS FOR ARRESTS WITH FACTS SUFFICIENT TO ESTABLISH PROBABLE CAUSE FOR A WARRANT. THE COURT RETURNED TO THE PRINCIPLE THAT WARRANTLESS SEARCHES MUST BE JUSTIFIED BY SOME WELL-RECOGNIZED EXCEPTION TO THE WARRANT REQUIREMENT IN COOLIDGE, EVEN WHEN POLICE HAVE PROBABLE CAUSE TO BELIEVE THAT A CAR CONTAINS EVIDENCE OF A CRIME.