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Chapter Eight – Motor Vehicle Stops, Searches and Inventories

Chapter Eight – Motor Vehicle Stops, Searches and Inventories. Rolando V. del Carmen. Motor Vehicle Stops, Searches and Inventories. Vehicle Stops The General Rule for Stops: Reasonable Suspicion of Criminal Activity Required United States v. Cortez (1981)

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Chapter Eight – Motor Vehicle Stops, Searches and Inventories

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  1. Chapter Eight – Motor Vehicle Stops, Searches and Inventories Rolando V. del Carmen

  2. Motor Vehicle Stops, Searches and Inventories • Vehicle Stops • The General Rule for Stops: Reasonable Suspicion of Criminal Activity Required • United States v. Cortez (1981) • United States v. Montgomery (1977) • United States v. Arvizu (1981)

  3. Motor Vehicle Stops, Searches and Inventories • Vehicle Stops • Roadblocks: An Exception to the “Reasonable Suspicion” Requirement • Roadblocks to Control Drunk Driving • Michigan Department of State Police v. Sitz (1990) • Roadblocks to Control the Flow of Illegal Aliens • United States v. Martinez-Fuerte (1976) • Stops to Check a Driver’s License and Vehicle Registration • United States v. Prichard (1981)

  4. Motor Vehicle Stops, Searches and Inventories • Vehicle Stops • Roadblocks: An Exception to the “Reasonable Suspicion” Requirement • Roadblocks to Obtain Information from Motorists about a Hit-and-Run Accident • Illinois v. Lidster (2004) • Roadblocks to Detect Evidence of Criminal Wrongdoing • Indianapolis v. Edmond (2000)

  5. Motor Vehicle Stops, Searches and Inventories • Vehicle Stops • What an Officer May Do After a Vehicle Stop • Based on General Law Enforcement Authority • Order the driver to get out of the vehicle • Order passengers to get out of the vehicle • Ask the driver to produce documents required by state law • Question the driver and passengers • Locate and examine the Vehicle Identification Number • Seize items in plain view

  6. Motor Vehicle Stops, Searches and Inventories • Vehicle Stops • What an Officer May Do After a Vehicle Stop • Based on Reasonable Suspicion • Require drunk-driving suspects to take a Breathalyzer test • Search the passenger compartment for weapons if there is reasonable suspicion of a threat to officer safety

  7. Motor Vehicle Stops, Searches and Inventories • Vehicle Stops • What an Officer May Do After a Vehicle Stop • Based on Probable Cause • Search the Vehicle • Search passengers’ belongings • Make an arrest • Based on Consent • Search the car

  8. Motor Vehicle Stops, Searches and Inventories • Vehicle Stops • Traffic Stops as Pretexts for Vehicle Searches • Whren v. United States (1996) • State of Washington v. Ladson (No. 65801–3 [1999]) • Vehicle Stops Based on Racial Profiles Alone • United States v. Sokolow (1989) • Easley v. Cromartie (2001) • United States v. Travis (6th Cir. 1995)

  9. Motor Vehicle Stops, Searches and Inventories • Vehicle Stops • Consensual Searches and the Freedom to Leave • Ohio v. Robinette (1996) • Arrest for a Minor (non-jailable) Traffic Offense • Atwater v. City of Lago Vista (2000) • The Arrests of Passengers in a Vehicle • Maryland v. Pringle (2003)

  10. Motor Vehicle Stops, Searches and Inventories • Vehicle Searches • The Leading Case on Vehicle Searches and Warrants • Carroll v. United States (1925)

  11. Motor Vehicle Stops, Searches and Inventories • Vehicle Searches • Warrantless vehicle searches • Automatic searches during the issuance of traffic citations • Knowles v. Iowa (1998) • Searches of passenger compartments • New York v. Belton (1981)

  12. Motor Vehicle Stops, Searches and Inventories • Vehicle Searches • Searches of the Passenger Compartment After a Lawful Arrest When the Suspect Was Not in the Vehicle When Arrested • Thornton v. United States (2004) • Warrantless Searches of Trunks and Closed Packages in Trunks • United States v. Ross (1982)

  13. Motor Vehicle Stops, Searches and Inventories • Vehicle Searches • Searches of Locked Trunks or Glove Compartments • State v. Wells (Sup. Ct. Fla. 1989) • Dog Sniffs After a Traffic Stop • Illinois v. Caballes (2005) • Searches That are Not Contemporaneous • United States v. Johns (1985)

  14. Motor Vehicle Stops, Searches and Inventories • Vehicle Searches • Warrantless Searches When There is Time to Obtain a Warrant • Chambers v. Maroney (1970) • Florida v. Meyers (1984) • Maryland v. Dyson (1999) • The Extent of Car Searches and the Objective Reasonableness Rule • Florida v. Jimeno (1991)

  15. Motor Vehicle Stops, Searches and Inventories • Vehicle Searches • Warrantless Searches of Containers in a Car • California v. Acevedo (1991) • United States v. Chadwick (1977) • Arkansas v. Sanders (1979) • Seizures of Vehicles Found in Public Places • Florida v. White (1999) • Seizures of Motor Homes without a Warrant • California v. Carney, (471 U.S. 386 [1985])

  16. Motor Vehicle Stops, Searches and Inventories • Vehicle Searches • The Use of Beepers to Detect Cars • United States v. Knotts (1983) • United States v. Karo (1984) • Immigration and Border Searches of Vehicles • United States v. Flores-Montano (2004) • Other Valid Car Searches • Cady v. Dombrowski (1973)

  17. Motor Vehicle Stops, Searches and Inventories • Vehicle Inventory Searches • Warrantless Vehicle Inventory Searches Immediately After an Arrest • Colorado v. Bertine (1987) • Florida v. Wells (1990) • Warrantless Inventory Searches of Vehicles Impounded by Police • South Dakota v. Opperman (1976) • Dyke v. Taylor Implement Manufacturing Company (1968)

  18. Motor Vehicle Stops, Searches and Inventories • The Importance of State Laws and Departmental Policies

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