NCJ Number
137881
Journal
FBI Law Enforcement Bulletin Volume: 61 Issue: 8 Dated: (August 1992) Pages: 27-32
Date Published
1992
Length
6 pages
Annotation
The U.S. Supreme Court has recognized the impracticality of securing a search warrant prior to every vehicle search and has established exceptions to the warrant requirement, such as the vehicle exception.
Abstract
The vehicle exception, first recognized in Carroll v. United States, is often referred to as the Carroll doctrine. In Carroll, the Supreme Court held that a vehicle could be searched without a warrant if there was probable cause to believe it contained contraband or evidence. The vehicle exception is based on the Supreme Court's conclusion that the expectation of privacy with respect to one's vehicle is lower than that regarding one's home or office. The vehicle exception requires law enforcement officers to make on-the-scene judgments to assess its applicability and limitations. Factors that determine the legality of vehicle exception searches include lawful access and probable cause, collective knowledge, and investigative stop or search incident to arrest. The view that the vehicle exception applies only when there are actual exigent circumstances is not compatible with the Supreme Court's development of the vehicle exception. Further, the Supreme Court has clearly held that law enforcement officers may conduct either an immediate or a delayed vehicle exception search, even after the vehicle has been impounded and is in police custody. The scope of a warrantless vehicle exception search is defined by the object of the search and places where there is probable cause to believe it may be found. Probable cause to search a container, however, does not necessarily justify a search of the entire vehicle. Police officers contemplating a warrantless vehicle exception search should be familiar with relevant State law, since some State courts have imposed State law restrictions on police searches that are more restrictive than Federal rulings. 37 endnotes