Due Process #12

Motor Vehicle Exception

MV exception rules?

1. An officer may conduct an immediate (at the scene) warrantless search of a car that he has PC to believe contains evidence of a crime

2. The police may also seize a car even if they have time to get a warrant when they have PC to believe that the vehicle itself constituted evidence (i.e. it was used in the commission of a crime)

3. Officer may conduct warrantless search of MV away from the scene of the crime, but has a time restriction

4. Can only act if they have probable cause

Scope of MV exception?

Police may only search any portion of a car that could contain the object of the search; search must stop after item is found

Can you search OG trunk under MV exception?

Yes

Chambers v. Maroney facts?

• Robbery that took place by two men, each of whom carried and displayed a gun took currency from register

• Two teenagers then who had earlier noticed a blue compact station wagon circling the block then saw it speed away from the parking lot close to the place where the robbery took place

• About the same time they learned that that place had been robbed

• Reported to the police, gave a description, and then police stopped the 4 men in the car

• Occupants were arrested and the car was driven to the police station

• In the course of a thorough search of the car at the station, police found concealed compartment under the dashboard containing revolvers, small change in a right-hand glove department, and certain cards bearing the name of Raymond Havicon who had been robbed at gunpoint earlier

• Petitioner was indicted for both robberies, and materials taken from the station wagon were introduced into evidence

Chambers v. Maroney issue?

Does this search fall under the MV exception?

Chambers v. Maroney holding?

In favor of US

Chambers v. Maroney reasoning?

• Was not SILA because search of car did not happen the same time of the arrest

• Police had PC, car was involved in a crime

• When car was towed, it still had mobility of car → car is readily moveable

• Retained inherent mobility and contained evidence 

Coolidge v. NH facts?

• Arrested for murder at his home, and during the arrest, he has two cars parked in his driveway which are seized without a warrant

• He was cooperative the whole time - took a lie detector however not admissible in court

• Officers had enough PC and arrested him in his home

• Officers then search cars without warrant 2 days after the arrest, then a 1 year, and 17 months later after the seizure

  • Do not have warrant for any of them, but have PC

  • Officers tried to apply MV exception to it

Coolidge v. NH holding?

In favor of Coolidge

Coolidge v. NH reasoning?

• Despite the fact the cars are involved does not mean that MV automatically applies

• Court said Coolidge was super cooperative, always knew one vehicle was a part of crime, and had ample time to destroy evidence

  • Officers should have gotten warrant to search the cars

CA v. Carney facts?

• DEA agent had information that a motor home was used for someone who was exchanging marijuana for sexual favors. The agent then watched Carney approach a youth and accompanied him to a motor home with closed window shades.

• When the youth exited the motor home, the agent approached him and confirmed that Carney gave him marijuana in exchange for receiving Carney’s sexual advances

• Agent knocked on the door of the motor home, identified themselves, and entered without a warrant and found maijuana and a scale on a table, and took that in as evidence along with the possession of the motor home at the station

• He is ultimately charged with marijuana possession with an intent to sell

• Carney argues that MV should not apply because it is his home

CA v. Carney holding?

In favor of CA

CA v. Carney reasoning?

• Just because a motor home has similarities to a home, there are 2 main reasons why it is a MV

  • Inherent mobility - is readily moveable (he could just drive away)

  • Mobile homes have a reduced expectation of privacy than a traditional home

    • They are pervasively regulated by the gov. (stickers, insurance, license)