CP Lesson 8 Automobile Stops and Searches

1
CP Lesson 8 Automobile Stops and Searches

• 4th Amendment and Automobiles
• Auto Stops Grounds For
• Procedures After Stop
• Scope of Search
• What Constitutes an Auto?
• Temporality
• Inventory Searches

2
Autos under the 4th Amendment

• Carroll v. US (1925) Doctrine
• IL v. Lidster (2004) The 4th Amendment does
  not treat a motorists car as his castle.
• Reasons why cars get less protection
• Inherent mobility makes warrant impractical
• More extensively regulated by state
• Occupants visible and lower expectation of
  privacy

3
The Automobile Stop

• A stop is a seizure under the 4th so must be
  reasonable
• Delaware v. Prouse (1979) officer must have
  reasonable and articulable suspicion - US v.
  Arvizu (2001)based on totality of circumstances
  
• Wren v. US (1996) Pretextual Stops OK.

4
Procedures After Stop

• Ordering occupants out of car Maryland v.
  Wilson (1997)
• Frisking occupants
• Ripening Probable Cause Colorado v. Bannister
  (1980)
• Recall Michigan v. Long (1983)

5
Scope, Mobility, and Temporality

• Scope of Car Search California v. Acevedo
  (1991)
• What is a car? California v. Carney (1985)
  Coolidge v. NH (1971) factors
• Not driven at time of search
• Located on private property
• Time to get a warrant
• Temporality Chambers v. Maroney (1970)

6
Inventory Searches

• Generally
• Inventory Searches of Vehicles SD v. Opperman
  (1976)
• Colorado v. Bertine (1987) also closed containers
  within
• Inventory of Personal Property IL v. Lafayette
  (1983)