The Motor Vehicle Exception

Résumé du livre

There is a presumption that a search conducted under the authority of a search warrant is reasonable. Conversely, a search conducted without a search warrant is presumed unreasonable. However, there is the motor vehicle exception, which this article discusses. The U.S. Supreme Court has ruled that if an officer has probable cause to believe that evidence or contraband is located in a motor vehicle, he may search the area of the vehicle he reasonably believes contains that evidence without a search warrant to the same degree as if he had a warrant. The scope of the search is limited only by what the officer has probable cause to search for and may encompass the entire vehicle, including the trunk. Illustrations.