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)

• United States v. Montgomery (1977)

• United States v. Arvizu (1981)

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)

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)

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

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

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

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)

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)

Motor Vehicle Stops, Searches and Inventories

Vehicle Searches – The Leading Case on Vehicle Searches and

Warrants• Carroll v. United States (1925)

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)

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)

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)

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)

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])

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)

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)

Motor Vehicle Stops, Searches and Inventories

The Importance of State Laws and Departmental Policies