Right to be Free from Unreasonable Searches and Seizures
The Fourth Amendment of the United States Constitution guarantees “the right of the people to be secure in their person, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized”. However, since the drafting of the constitution, there have been numerous exceptions carved out by the Supreme Court of the United States. One such exception is the Automobile Exception.
The Automobile Exception
The Automobile Exception is a rule that allows law enforcement to search a vehicle without a warrant. The rule only applies if the police have probable cause to believe contraband is present. Law enforcement can search the vehicle without a warrant because (1) vehicles are readily movable and (2) there is a lesser degree of protection in a vehicle than ones house or other property. The rationale is that vehicles don’t have a heightened privacy expectation because the government regulates them with inspections in licensing.
What can law enforcement search?
Under United States v. Ross (1982), when law enforcement has probable cause to justify a warrantless search of a vehicle, law enforcement may search the entire vehicle and open any packages or luggage found in the vehicle that could reasonably contain the items for which the police have probable cause to search.
Who can law enforcement search?
Under Wyoming v. Houghton (1999), the Supreme Court ruled that passengers of vehicles can be searched if the vehicle is being searched, so long as there is probable cause. Individualized probable cause for each person is not required. Meaning that if there is probable cause to search the vehicle, then there is likely probable cause to search all persons located inside the vehicle.
Right to Suppress Evidence
If evidence is seized from your or your vehicle as a result of a warntless search under the automobile exception, you have the right to contest the search and seizure by way of a Motion to Suppress. In order to be successful on a Motion to Suppress evidence, you must be able to show that the police did not have probable cause to search the vehicle or your person. If successful, any evidence seized from you or your vehicle will be suppressed and cannot be used by the State at trial.
If evidence has been seized from you and you need help seeking to suppress the evidence from being used against you at trial, contact the criminal defense attorneys at Stephanie Flynn Law, or call (402) 325-8469 for help.
By: Abby Kuntz