Criminal Law

Wyoming v. Houghton 526 U.S. 295, 119 S. Ct. 1297, 143 L. Ed. 2d 408 (1999)   The motor fomite elision, first recognized in Carroll v United States and often referred to as the Carroll doctrine, has evolved into an expansive pop out sureness that effectively renders the need to obtain a smiler to hunting a vehicle unnecessary. When analyzing the manner in which the U.S. controlling court has interpreted the exception and its tolerable scope, one freshet conclude that if the facts indicate a warrant could be obtained to hitch a vehicle, it is not likely that, as a element of federal constitutional natural law, a warrant would be de jure involve. The authority of a police officer to search a vehicle has been the subject of numerous imperative Court decisions. This is not a surprising revelation given the frequency of police-citizen encounters involving vehicles. The Supreme Court has been called upon to address not only when law enforcement officers may wor ry in this warrant-less search but also its permissible scope. This word examines the Courts decisions that establish what is required originally law enforcement officers can engage in a warrant-less search of a vehicle nether the motor vehicle exception and where in the vehicle this search authority extends.

Justifying the motor fomite exclusion Lawful Access and Probable CauseA lawful search chthonic the motor vehicle exception requires the existence of probable drive to believe that the vehicle contains evidence or contraband and that the anticipate officers have lawful access to the vehicle. As nece ssarily a fact-sensitive inquiry, the probab! le cause determination is not a regimen issue easily, or usefully, discussed within the context of general court-ordered principles. As illustrated in the following cases, the probable cause mandatory to vindicate the warrant-less search of a vehicle is the same shopworn required to support the issuance of a warrant. Defining Motor VehicleAlthough the motor vehicle exception often has been referred...If you want to prevail a full essay, order it on our website: OrderCustomPaper.com

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