NCJ Number
13522
Journal
Harvard Law Review Volume: 87 Issue: 4 Dated: (FEBRUARY 1974) Pages: 835-853
Date Published
1974
Length
19 pages
Annotation
EXIGENT CIRCUMSTANCES NECESSITATING WARRANTLESS SEARCHES TO OBTAIN EVIDENCE, FORFEITURE STATUTES WHICH GIVE POLICE A POSSESSORY INTEREST IN SEIZED VEHICLES, AND INVENTORY SEARCHES OF CARS IN POLICE CUSTODY ARE DISCUSSED.
Abstract
THE FOURTH AMENDMENT PROVIDES TWO STANDARDS FOR DETERMINING THE PERMISSIBILITY OF SEARCHES AND SEIZURES. ITS SECOND CLAUSE PROVIDES FOR THE ISSUANCE OF WARRANTS ONLY UPON PROBABLE CAUSE. IT IS GENERALLY ACCEPTED THAT, UNLESS SPECIAL CIRCUMSTANCES RENDER IT IMPRACTICABLE, A SEARCH OR SEIZURE MAY ONLY BE MADE PURSUANT TO A WARRANT. THE FIRST CLAUSE OF THE FOURTH AMENDMENT REQUIRES THAT ALL SEARCHES AND SEIZURES, EVEN WITHOUT A WARRANT, MUST BE REASONABLE. REASONABLENESS IMPLIES A WEIGHING OF THE INTERESTS PRESENTED BY EACH CASE. WHILE THE EXIGENT CIRCUMSTANCES PRESENTED BY MANY AUTOMOBILE CASES HAVE BEEN HELD TO PROVIDE AN EXEMPTION FROM THE WARRANT REQUIREMENT, THE STANDARD OF PROBABLE CAUSE PLUS EXIGENT CIRCUMSTANCES DOES NOT ELIMINATE THE NEED TO CONSIDER DIVERSE INTERESTS. 'EXIGENT CIRCUMSTANCES' IMPLIES NOT JUST A POLICE NEED, BUT A POLICE NEED SUFFICIENT TO OVERRIDE THE CLAIMS OF THE PRIVATE CITIZEN. HENCE IT DEMANDS THE SAME BALANCING OF INTEREST AS THE STANDARD OF REASONABLENESS REQUIRES. THE FIRST SECTION INVESTIGATES WHICH INDIVIDUAL INTERESTS ARE RELEVANT TO AUTOMOBILE SEARCHES AND SEIZURES, AND HOW THEY SHOULD BE WEIGHED AGAINST POLICE NEEDS. WARRANTLESS AUTOMOBILE SEARCHES HAVE BEEN UPHELD IN SITUATIONS THAT ARE NOT EXIGENT, AND IN WHICH THE POLICE DO NOT HAVE PROBABLE CAUSE. ONE SUPREME COURT CASE HELD THAT A SUBSTANTIAL POSSESSORY INTEREST ON THE PART OF THE POLICE, CREATED BY A STATE AUTOMOBILE FORFEITURE STATUTE, WAS SUFFICIENT TO PERMIT A WARRANTLESS SEARCH. IN PART, THIS CASE RAISES THE THORNY ISSUE OF THE CONNECTION BETWEEN PROPERTY RIGHTS AND FOURTH AMENDMENT INTERESTS. THE SECOND SECTION DISCUSSES THE MORE PRECISE ISSUE WHETHER EXTENDED POLICE CUSTODY IS SUFFICIENT TO JUSTIFY A WARRANTLESS SEARCH. ANOTHER PROBLEM THAT ARISES WITH RESPECT TO SOME CUSTODIAL SEARCHES IS WHETHER THEY ARE, INDEED, SUBJECT TO ANY FOURTH AMENDMENT LIMITATIONS. THIS PROBLEM IS SIGNIFICANT WHEN THE POLICE CLAIM THAT AN INVENTORY OF THE CONTENTS OF THE AUTO FOR PURPOSES OTHER THAN CRIMINAL INVESTIGATION IS NOT A SEARCH. THE THIRD SECTION INVESTIGATES WHETHER POLICE INVENTORIES OF AUTOMOBILES QUALIFY AS FOURTH AMENDMENT SEARCHES, AND IF THEY DO, IN WHAT CIRCUMSTANCES THEY SHOULD BE PERMITTED WITHOUT A WARRANT. (AUTHOR ABSTRACT)