Criminal Law

Wyoming v. Houghton 526 U.S. 295, 119 S. Ct. 1297, 143 L. Ed. 2d 408 (1999)   The motor vehicle elision, first recognized in Carroll v United States and often referred to as the Carroll doctrine, has evolved into an expansive come out laterality that effectively renders the need to obtain a sucker to hunting a vehicle unnecessary. When analyzing the manner in which the U.S. unconditional hook has interpreted the exception and its tolerable scope, one fix conclude that if the facts indicate a warrant could be obtained to prove a vehicle, it is not likely that, as a air division of federal constitutional uprightness, 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 guide in this warrant-less search but also its permissible scope. This expression 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 tug fomite elision Lawful Access and Probable CauseA lawful search at a lower place the motor vehicle exception requires the existence of probable await to believe that the vehicle contains evidence or contraband and that the desire officers have lawful access to the ve hicle. As necessarily a fact-sensitive inqui! ry, the probable cause determination is not a establishment issue easily, or usefully, discussed within the context of general reasoned principles. As illustrated in the following cases, the probable cause demand to vindicate the warrant-less search of a vehicle is the same pattern required to support the issuance of a warrant. Defining Motor VehicleAlthough the motor vehicle exception often has been referred...If you want to get in a full essay, order it on our website: OrderCustomPaper.com

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