SEARCH AND SEIZURE OF AUTOMOBILES WITH CONSIDERATION OF THE IMPACT OF UNITED STATES V ROBINSON (FROM CRIMINAL JUSTICE SYSTEMS REVIEW, 1974 BY JON S SCHULTZ AND JON P THAMES - SEE NCJ-30751)

• NCJ Number: 30772
• Author(s): J THAMES; T JOHNSON
• Date Published: 1974
• Length: 7 pages
• Corporate Author: William S Hein and Co, Inc
• Publication Format: Document
• Language: English
• Country: United States of America

Annotation

IN THIS 1973 DECISION, THE SUPREME COURT HELD THAT A WARRANTLESS SEARCH PURSUANT TO A CUSTODIAL ARREST FOR A TRAFFIC VIOLATION IS CONSTITUTIONALLY VALID.

Abstract

THIS ARTICLE EXAMINES PRE-ROBINSON CASE LAW RELATING TO SEARCH AND SEIZURE OF THE AUTOMOBILE AND FROM THE PERSON OF THE DRIVER, THE ROBINSON DECISION ITSELF, AND POST-ROBINSON SEARCH OF CONTAINERS WITHIN AN AUTOMOBILE. THE AUTHOR CONCLUDES THAT THERE IS SELDOM IF EVER A LEGAL BASIS TO OPEN A CONTAINER INCIDENT TO A TRAFFIC ARREST OR AN AUTOMOBILE SEARCH, ABSENT INDEPENDENT PROBABLE CAUSE TO BELIEVE THAT THE CONTAINER (AS OPPOSED TO THE CAR ITSELF) CONTAINS EVIDENCE OR CONTRABAND.