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Street Cop Podcast

Closed and Locked Containers in Motor Vehicle

Street Cop Podcast

Street Cop Training

Education

4.9967 Ratings

🗓️ 3 September 2021

⏱️ 8 minutes

🧾️ Download transcript

Summary

In this archive episode, Dennis explains to ask for consent when dealing with closed and locked containers. Recorded on 08/15/2017. US v. Ross 1982 Police officers who have legitimately stopped an automobile and who have probable cause to believe that contraband is concealed somewhere within it may conduct a warrantless search of the vehicle that is as thorough as a magistrate could authorize by warrant. Pp. 804-825. (a) The "automobile exception" to the Fourth Amendment's warrant requirement established in Carroll v. United States, 267 U.S. 132 , applies to searches of vehicles that are supported by probable cause to believe that the vehicle contains contraband. In this class of cases, a search is not unreasonable if based on objective facts that would justify the issuance of a warrant, even though a warrant has not actually been obtained. Pp. 804-809. (b) However, the rationale justifying the automobile exception does not apply so as to permit a warrantless search of any movable container that is believed to be carrying an illicit substance and that is found in a public place - even when the container is placed in a vehicle (not otherwise believed to be carrying contraband). United States v. Chadwick, 433 U.S. 1 ; Arkansas v. Sanders, 442 U.S. 753 . Pp. 809-814. [456 U.S. 798, 799] (c) Where police officers have probable cause to search an entire vehicle, they may conduct a warrantless search of every part of the vehicle and its contents, including all containers and packages, that may conceal the object of the search. The scope of the search is not defined by the nature of the container in which the contraband is secreted. Rather, it is defined by the object of the search and the places in which there is probable cause to believe that it may be found. For example, probable cause to believe that undocumented aliens are being transported in a van will not justify a warrantless search of a suitcase. Pp. 817-824. Police officers who have legitimately stopped an automobile and who have probable cause to believe that contraband is concealed somewhere within it may conduct a warrantless search of the vehicle that is as thorough as a magistrate could authorize by warrant. https://l.facebook.com/l.php?u=http%3A%2F%2Fcaselaw.findlaw.com%2Fus-supreme-court%2F456%2F798.html%3Ffbclid%3DIwAR2qQpqX52X5aJT_QONxdPWBUpROGIxHs3Zh3qnwruAByYjkiKOVMt7Qll0andh=AT1ER9zxj71_KOpEjaODOlNXEaojUeb7Hzvf_0MwUuvJ74rPRKJFvnpvc-jhv_GrTPRe-ZDFMp74K5JdEBtJhdjCGgkP0Dopk_Y9RUTp0Hc9PN_P0X8qkTjsYAcYGNYEGgand__tn__=-UK-R (http://caselaw.findlaw.com/us-supreme-court/456/798.html)

Transcript

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0:00.0

One, I was going to be on the highway.

0:02.0

I don't know.

0:05.0

You're trying to be a hot-up.

0:07.0

You trying to be a street cop?

0:10.0

How's already doing?

0:12.0

I want to welcome all the new group members to the group and

0:14.9

your first video tonight for the guys in New Jersey. We'll do some New Jersey stuff but

0:18.0

we'll talk about a US Supreme Court case, United States versus Ross 1982 and searching motor vehicles when you have probable cause and

0:25.1

closed containers and compartments and packages found there in.

0:28.9

When you have probable cause search car, what you can do, what you should do.

0:32.1

All I want to do is address real quick is I have

0:34.7

had a few people whose supervisors have told them oh that case law that he

0:39.1

referenced in his group it's old from. It's from 1982. It's from 1994. Is there anything more recent? If you think

0:48.0

case law expires or your supervisor thinks case law expires, you let them know next time you arrest somebody

0:53.9

and you're gonna question them,

0:55.4

they don't have to read them Miranda anymore

0:56.6

because Miranda expires, so I think Miranda's 69.

0:59.8

So yeah, that's expired,

1:01.0

because shit expires.

1:02.0

So guys, things don't get

1:03.7

re addressed in case law if they don't have to be. If something works,

1:08.8

they don't change it. So time, you know, this whole idea of these new and recent case, all that things

...

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