Protecting Personal Privacy: Drawing the Line Between People and Containers

• NCJ Number: 213085
• Journal: FBI Law Enforcement Bulletin Volume: 75 Issue: 2 Dated: February 2006 Pages: 26-31
• Author(s): Michael J. Bulzomi J.D.
• Date Published: February 2006
• Length: 6 pages
• Publication Format: Article
• Publication Type: Legislation/Policy Analysis
• Language: English
• Country: United States of America

Annotation

This article discusses the scope of the fourth amendment’s motor vehicle exception that permits a police office to search a vehicle without a warrant if there is probably cause to believe that evidence or contraband is in the vehicle.

Abstract

In creating the motor vehicle exception to the fourth amendment, the Supreme Court noted the difference between searches of fixed premises, such as houses, and searches of motor vehicles, which are capable of quickly relocating to a different jurisdiction. Given the inherent mobility of motor vehicles, the Supreme Court concluded that it would be unreasonable to require a warrant for the search of motor vehicles because of the risk of loss of evidence. The confusion surrounding the motor vehicle exception to the fourth amendment involves the question of whether officers are permitted to conduct warrantless searches of containers and individuals found within vehicles. Many court cases that have challenged the right of officers to search containers within vehicles have resulted in basic guiding principles for officers conducting warrantless searches. These principles include: (1) officers must have probable cause to believe evidence or contraband is contained in the search area; (2) the scope of the warrantless search is no broader than a warrant would permit; (3) containers within vehicles may be searched if it is reasonably likely the object of the search is within the container; and (4) if an officer reasonably believes contraband is within a container, there is no justification to search the entire vehicle. In terms of whether the motor vehicle exception extends to searches of individuals within cars, the Supreme Court has ruled that absent independent justification, a warrantless search of a vehicle does not permit a warrantless search of an individual within a vehicle. Although American society has changed a great deal since the writing of the Constitution, personal privacy continues to hold a place of great importance to the American people. Endnotes