NCJ Number
80341
Journal
FBI Law Enforcement Bulletin Volume: 50 Issue: 11 Dated: (November 1981) Pages: 24-31
Date Published
1981
Length
8 pages
Annotation
This article discusses the case of Carroll v. United States (1925) and other cases to illustrate the manner in which the probable cause standard has been applied by the courts to warrantless vehicle searches.
Abstract
The cases emphasize the necessity of facts and circumstances to establish probable cause and demonstrate the importance of officers being capable of articulating those facts and circumstances upon which they relied. Cases discussed include Brinegar v. United States, United States v. Matthews, and United States v. Gomori. These cases concern an officer's personal knowledge of criminal activities or personal observation of suspicious activities or circumstances. Other cases wherein probable cause may arise because an officer sees evidence or contraband in 'plain view' are discussed, including Harris v. United States and United States v. Johnson. Also explained in reference to probable cause are the application of the plain view doctrine to other sensory perceptions, such as smell; the officer's expertise; and secondhand information. Once an officer has concluded that probable cause exists to believe that a conveyance contains evidence or contraband, the first requirement of the vehicle exception is met. However, the Supreme Court has cautioned that the search of an auto, even with probable cause, may require a warrant in some circumstances. A total of 58 footnotes are provided.