vehicle searches Flashcards

(4 cards)

1
Q

what is the automobile exception

A

If the police has probable cause of seizable evidence being present in the car, they can search anything where the evidence may be found without a warrant

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2
Q

where does the justifcation of the car exception stem from

A

expecation of privacy in your car

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3
Q

key takeawa from Houghton case (clarfiying which containers fall under the car exception)

A

jacket or purses attached/worn by a person are not containers for purposes of vehicle exception

when a jacket/purse is directly associated with a person→ treated as part of the person → need a justification for a search of the person

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4
Q

what if the car is on the curtilagw

A

If there is a conflict between curtilage, CURTILAGE ALWAYS WINS; nothing in car exception allows entering the curtilage

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