vehicle searches Flashcards
(4 cards)
what is the automobile exception
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
where does the justifcation of the car exception stem from
expecation of privacy in your car
key takeawa from Houghton case (clarfiying which containers fall under the car exception)
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
what if the car is on the curtilagw
If there is a conflict between curtilage, CURTILAGE ALWAYS WINS; nothing in car exception allows entering the curtilage