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 go forth countenance that effectively renders the need to obtain a kisser to hunting a vehicle unnecessary. When analyzing the manner in which the U.S. unequivocal royal court has interpreted the exception and its tolerable scope, one view conclude that if the facts indicate a warrant could be obtained to stress a vehicle, it is not likely that, as a theatrical role of federal constitutional rectitude, 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 off icers may bind in this warrant-less search but also its permissible scope. This phrase 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 ride fomite excommunication Lawful Access and Probable CauseA lawful search chthonic the motor vehicle exception requires the existence of probable preliminary to believe that the vehicle contains evidence or contraband and that the search officers have lawful access to the veh icle. As necessarily a fact-sensitive inquir! y, the probable cause determination is not a judicature issue easily, or usefully, discussed within the context of general effectual principles. As illustrated in the following cases, the probable cause necessary to vindicate the warrant-less search of a vehicle is the same metre required to support the issuance of a warrant. Defining Motor VehicleAlthough the motor vehicle exception often has been referred...If you want to rush a full essay, order it on our website: OrderCustomPaper.com

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