NCJ Number
86103
Journal
Criminal Law Bulletin Volume: 18 Issue: 5 Dated: (September/October 1982) Pages: 461-467
Date Published
1982
Length
7 pages
Annotation
The automobile exception to the Fourth Amendment guarantees regarding searches is discussed with reference to three Supreme Court decisions: Robbins v. California, New York v. Belton, and United States v. Ross.
Abstract
The Robbins and Belton decisions produced confusion about the legality of specific types of searches. The search of Belton's zippered jacket pocket which was in an automobile being searched was found not to violate any reasonable expectation of privacy. In contrast, the search of the concealed luggage compartment in Robbins's station wagon was not violative, but unwrapping the two plastic bags found in that compartment did violate a reasonable expectation of privacy. The subsequent Ross decision has clarified the questions concerning automobile searches that have confused police law instructors. The Ross decision waives the expectation of privacy that apparently accompanied closed containers found by the police in a legitimate warrantless search of automobiles. So long as probable cause exists to believe that the objects of their searches may be found therein, police may now open luggage and other closed containers found during these legitimate warrantless searches. Whether Ross represents an attempt to place meaning into the automobile exception the Fourth Amendment or whether it is the first step toward a 'probable cause' exception to the warrant requirement is unclear. However, a return to the confusion resulting from the Belton and Robbins decisions would be undesirable. Footnotes are included.