VEHICLE SEARCHES

Question 1

LEGAL BASIS FOR SEARCH PTRL . 2 0 6 0 . 1 0 1
The cadet will identify under what circumstances a vehicle can be searched. The following are exceptions to the search warrant rule:

Answer 1

♦ Searches incident to a lawful arrest based on probable cause
♦ Searches based on reasonable suspicion for weapons that might threaten safety
♦ Consent searches – Differentiate between a level one and level two contact

Question 2

♦ Searches incident to a lawful arrest based on probable cause

Answer 2

Gant vs. Arizona, (2009) – The court held that a search of the passenger compartment of a vehicle following an arrest is allowed “only if [1] the
arrestee is within reaching distance of the passenger compartment at the time of the search or [2] it is reasonable to believe the vehicle contains
evidence of the offense of arrest. When these justifications are absent, a search of an arrestee’s vehicle will be unreasonable unless police obtain a
warrant or show that another exception to the warrant requirement applies.”

Question 3

♦ Searches incident to a lawful arrest based on probable cause

Answer 3

• Thornton v. United States, 541 U. S. 615 (2004), the Court recognized that
a search of a vehicle incident to the arrest of a recent occupant may be also
justified “when it is reasonable to believe evidence relevant to the crime of
arrest might be found in the vehicle.”

Question 4

♦ Searches based on reasonable suspicion for weapons that might threaten safety

Answer 4

• Terry vs. Ohio 392 U.S. 1 (1968), the Court found that the officer acted on
more than a “hunch” and that “a reasonably prudent man would have been
warranted in believing [Terry] was armed and thus presented a threat to
the officer’s safety while he was investigating his suspicious behavior.”
• Limited in scope designed to protect officer safety

Question 5

♦ Consent searches – Differentiate between a level one and level two contact

Answer 5

• Level one equates to the individual believing they are free to leave
anytime (voluntary)
 An officer may ask the person for consent anytime during a level one
encounter

Question 6

Cont.

♦ Consent searches – Differentiate between a level one and level two contact

Answer 6

• Level two equates to any detention where the person is not free to leave
until the officer has investigated the reason for the stop
 A consent search under a level two detention is based on reasonable
suspicion a crime is or has been committed

Question 7

LEGAL BASIS FOR A VEHICLE INVENTORY PTRL . 2 0 6 0 . 1 0 2
The cadet will identify the legal basis and proper procedures for a vehicle inventory,
to include:

Answer 7

♦ Inventory of all property prior to vehicle impound
♦ Protect owner’s property from theft
♦ Protect officer from liability
♦ Inventory – not a pretext for a search
♦ Contraband may be seized

Question 8

WARRANTLESS SEARCHES PTRL . 2 0 6 0 . 1 0 3

The cadet will identify when a search warrant may not be necessary in searching a vehicle, to include:

Answer 8

♦ Working knowledge of the Carroll Doctrine and when it applies (Carroll vs.
United States, 1925)
♦ When the Carroll Doctrine doesn’t apply and a search warrant is necessary
♦ Searching unlocked/locked containers

Question 9

CONDUCTING A SYSTEMAT IC SEARCH PTRL . 2 0 6 0 . 1 0 4

The cadet will identify a systematic method of searching a vehicle, to include:

Answer 9

♦ Searching the passenger compartment
♦ Searching the trunk
♦ Searching other storage compartments on vehicles such as motorcycles,
commercial vehicles, motor homes, moving trucks, etc.

Question 10

♦ Searching the passenger compartment

Answer 10

• Glove box/consoles
• Headliner/visors
• Floor boards
• Under the seats

Question 11

♦ Searching the trunk

Answer 11

• Compartments
• Spare tire
• Containers