1 / 18

Chapter Eight – Motor Vehicle Stops, Searches and Inventories

Chapter Eight – Motor Vehicle Stops, Searches and Inventories. Rolando V. del Carmen. Motor Vehicle Stops, Searches and Inventories. Vehicle Stops The General Rule for Stops: Reasonable Suspicion of Criminal Activity Required United States v. Cortez (1981)

yelena
Télécharger la présentation

Chapter Eight – Motor Vehicle Stops, Searches and Inventories

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript

  1. Chapter Eight – Motor Vehicle Stops, Searches and Inventories Rolando V. del Carmen

  2. Motor Vehicle Stops, Searches and Inventories • Vehicle Stops • The General Rule for Stops: Reasonable Suspicion of Criminal Activity Required • United States v. Cortez (1981) • United States v. Montgomery (1977) • United States v. Arvizu (1981)

  3. Motor Vehicle Stops, Searches and Inventories • Vehicle Stops • Roadblocks: An Exception to the “Reasonable Suspicion” Requirement • Roadblocks to Control Drunk Driving • Michigan Department of State Police v. Sitz (1990) • Roadblocks to Control the Flow of Illegal Aliens • United States v. Martinez-Fuerte (1976) • Stops to Check a Driver’s License and Vehicle Registration • United States v. Prichard (1981)

  4. Motor Vehicle Stops, Searches and Inventories • Vehicle Stops • Roadblocks: An Exception to the “Reasonable Suspicion” Requirement • Roadblocks to Obtain Information from Motorists about a Hit-and-Run Accident • Illinois v. Lidster (2004) • Roadblocks to Detect Evidence of Criminal Wrongdoing • Indianapolis v. Edmond (2000)

  5. Motor Vehicle Stops, Searches and Inventories • Vehicle Stops • What an Officer May Do After a Vehicle Stop • Based on General Law Enforcement Authority • Order the driver to get out of the vehicle • Order passengers to get out of the vehicle • Ask the driver to produce documents required by state law • Question the driver and passengers • Locate and examine the Vehicle Identification Number • Seize items in plain view

  6. Motor Vehicle Stops, Searches and Inventories • Vehicle Stops • What an Officer May Do After a Vehicle Stop • Based on Reasonable Suspicion • Require drunk-driving suspects to take a Breathalyzer test • Search the passenger compartment for weapons if there is reasonable suspicion of a threat to officer safety

  7. Motor Vehicle Stops, Searches and Inventories • Vehicle Stops • What an Officer May Do After a Vehicle Stop • Based on Probable Cause • Search the Vehicle • Search passengers’ belongings • Make an arrest • Based on Consent • Search the car

  8. Motor Vehicle Stops, Searches and Inventories • Vehicle Stops • Traffic Stops as Pretexts for Vehicle Searches • Whren v. United States (1996) • State of Washington v. Ladson (No. 65801–3 [1999]) • Vehicle Stops Based on Racial Profiles Alone • United States v. Sokolow (1989) • Easley v. Cromartie (2001) • United States v. Travis (6th Cir. 1995)

  9. Motor Vehicle Stops, Searches and Inventories • Vehicle Stops • Consensual Searches and the Freedom to Leave • Ohio v. Robinette (1996) • Arrest for a Minor (non-jailable) Traffic Offense • Atwater v. City of Lago Vista (2000) • The Arrests of Passengers in a Vehicle • Maryland v. Pringle (2003)

  10. Motor Vehicle Stops, Searches and Inventories • Vehicle Searches • The Leading Case on Vehicle Searches and Warrants • Carroll v. United States (1925)

  11. Motor Vehicle Stops, Searches and Inventories • Vehicle Searches • Warrantless vehicle searches • Automatic searches during the issuance of traffic citations • Knowles v. Iowa (1998) • Searches of passenger compartments • New York v. Belton (1981)

  12. Motor Vehicle Stops, Searches and Inventories • Vehicle Searches • Searches of the Passenger Compartment After a Lawful Arrest When the Suspect Was Not in the Vehicle When Arrested • Thornton v. United States (2004) • Warrantless Searches of Trunks and Closed Packages in Trunks • United States v. Ross (1982)

  13. Motor Vehicle Stops, Searches and Inventories • Vehicle Searches • Searches of Locked Trunks or Glove Compartments • State v. Wells (Sup. Ct. Fla. 1989) • Dog Sniffs After a Traffic Stop • Illinois v. Caballes (2005) • Searches That are Not Contemporaneous • United States v. Johns (1985)

  14. Motor Vehicle Stops, Searches and Inventories • Vehicle Searches • Warrantless Searches When There is Time to Obtain a Warrant • Chambers v. Maroney (1970) • Florida v. Meyers (1984) • Maryland v. Dyson (1999) • The Extent of Car Searches and the Objective Reasonableness Rule • Florida v. Jimeno (1991)

  15. Motor Vehicle Stops, Searches and Inventories • Vehicle Searches • Warrantless Searches of Containers in a Car • California v. Acevedo (1991) • United States v. Chadwick (1977) • Arkansas v. Sanders (1979) • Seizures of Vehicles Found in Public Places • Florida v. White (1999) • Seizures of Motor Homes without a Warrant • California v. Carney, (471 U.S. 386 [1985])

  16. Motor Vehicle Stops, Searches and Inventories • Vehicle Searches • The Use of Beepers to Detect Cars • United States v. Knotts (1983) • United States v. Karo (1984) • Immigration and Border Searches of Vehicles • United States v. Flores-Montano (2004) • Other Valid Car Searches • Cady v. Dombrowski (1973)

  17. Motor Vehicle Stops, Searches and Inventories • Vehicle Inventory Searches • Warrantless Vehicle Inventory Searches Immediately After an Arrest • Colorado v. Bertine (1987) • Florida v. Wells (1990) • Warrantless Inventory Searches of Vehicles Impounded by Police • South Dakota v. Opperman (1976) • Dyke v. Taylor Implement Manufacturing Company (1968)

  18. Motor Vehicle Stops, Searches and Inventories • The Importance of State Laws and Departmental Policies

More Related