Exceptions to Warrants

Automobiles

As one might expect, there are often situations were police officers desire to search an automobile, often during traffic stops. These searches, which typically take place without a warrant because the officers do not intend to perform the search until after stopping an automobile, may be conducted only if the officer has probable cause there is evidence or illegal substances in the car. Furthermore, the searches must be conducted only for items related to a specific crime.

The probable cause requirement is somewhat intuitive - if officers believe a suspect committed a robbery on foot, it is unlikely there will be probable cause to search the suspect's car without information leading those officers to believe evidence is hidden in the car. Moreover, there must be probable cause that the items searched for will be located in the area of the car searched. For example . . .

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Page last updated: 2/17/2007
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