NCJ Number
178220
Journal
FBI Law Enforcement Bulletin Volume: 68 Issue: 7 Dated: July 1999 Pages: 26-32
Date Published
July 1999
Length
6 pages
Annotation
The motor vehicle exception, first recognized in Carroll v. United States and often referred to as the Carroll doctrine, has evolved into an expansive search authority that effectively renders the need to obtain a warrant to search a vehicle unnecessary.
Abstract
The authority of police officers to search a vehicle has been the subject of numerous U.S. Supreme Court decisions. A lawful search under the motor vehicle exception requires the existence of probable cause to believe the vehicle contains evidence or contraband, and searching police officers must have lawful access to the vehicle. The probable cause needed to justify a warrantless vehicle search is the same standard required to support the issuance of a search warrant. The authority to search a vehicle simply based on probable cause to believe it contains evidence is unique among rules issued by the U.S. Supreme Court under fourth amendment jurisprudence. In conjunction with this authority, police officers must also be aware of relevant State laws because some State courts may impose certain requirements on vehicle searches by interpreting their State constitutions in a more restrictive manner. The scope of the motor vehicle exception is discussed in terms of lawful access, probable cause, and the search of containers in vehicles. 36 endnotes and 2 photographs