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The Motor Vehicle Exception by EDWARD HENDRIE, J.D

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The Motor Vehicle Exception by EDWARD HENDRIE, J.D Legal Digest The Motor Vehicle Exception By EDWARD HENDRIE, J.D. here is a presumption that a search conducted under the authority of a T 1 search warrant is reasonable. Conversely, a search conducted without a search warrant is presumed unreasonable. 2 The presumption of unreasonable- ness can be rebutted through an applicable exception to the search warrant requirement. One of those exceptions is known as the motor vehicle exception. The U.S. Supreme © Scott Whittemore Court has ruled that if an officer has probable cause to believe and the fact that the mobility of items in the trunk, pursuant to that evidence or contraband is vehicles present an inherent standardized agency regula- located in a motor vehicle, he exigency. 4 tions; 7 or 4) search a motor may search the area of the In addition to the motor ve- vehicle upon the consent of the vehicle he reasonably believes hicle exception, there are other person who has the actual or contains that evidence without exceptions to the search warrant apparent authority and control a search warrant to the same requirement that allow an offi- over that vehicle. 8 While these degree as if he had a warrant. 3 cer to search all or part of a listed exceptions can be applied The scope of the search is motor vehicle. Those exceptions to motor vehicles, they are not limited only by what the officer allow officers to 1) search the limited in their application to has probable cause to search for passenger compartment (but not motor vehicles, as is the motor and may encompass the entire the trunk) of a suspect’s vehicle vehicle exception. vehicle, including the trunk. incident to his arrest; 5 2) frisk The motor vehicle exception is the passenger compartment (but Probable Cause based upon the reduced expec- not the trunk) of an automobile To search under the motor tation of privacy that citizens for weapons upon reasonable vehicle exception, an officer have in their motor vehicles suspicion that a weapon may must have probable cause. The because of the pervasive regula- be there; 6 3) inventory an im- Supreme Court has stated that tion to which they are subjected pounded vehicle, including “probable cause is a fluid 22 / FBI Law Enforcement Bulletin concept—turning on the assess- warrantless search of the ve- being transported in the ment of probabilities in particu- hicle and found illegal liquor automobile which they 13 lar factual contexts—not read- hidden beneath the upholstery stopped and searched. ily, or even usefully, reduced to of the seats. The U.S. Supreme 14 9 In Chambers v. Maroney , a neat set of legal rules.” Prob- Court approved of the warrant- a service station was robbed by able cause is not a “one size fits less motor vehicle search in two armed men. At about the all” standard. In fact, probable Carroll because the agents had time of the robbery, two teenag- cause is a range that occupies a probable cause. 10 ers noticed a blue station wagon zone that is assessed under the One of the often-overlooked 11 circling the block in the vicinity totality of the circumstances. but rather significant findings of the gas station and later The seminal motor vehicle by the U.S. Supreme Court in speed away with four people exception case is Carroll v. Carroll was that the probable 12 inside, one of whom was wear- United States . The Carroll cause in that case was clear. The ing a green sweater. The station decision illustrates just how low U.S. Supreme Court stated: attendant recounted that one of the probable cause standard is [I]t is clear the officers here the robbers was wearing a green when conducting a warrantless had justification for the sweater and the other was search under the motor vehicle search and seizure. This wearing a trench coat. A de- exception. In Carroll , federal is to say that the facts and scription of the car and robbers prohibition agents acting under- circumstances within their was broadcast over the police cover had negotiated for the knowledge and of which radio. Within an hour, a light purchase of illegal whiskey in they had reasonably trust- blue compact station wagon Grand Rapids from the two worthy information were carrying four men was stopped defendants, Kiro and Carroll. sufficient in themselves to by the police approximately 2 The sale was never consum- warrant a man of reasonable miles from the gas station. One mated. Approximately 1 week caution in the belief that of the passengers was wearing later, the agents saw Kiro and intoxicating liquor was a green sweater, and there was Carroll traveling toward Detroit in the same car they used to drive to the undercover negotia- tions. More than 2 months later, the agents once again saw the defendants driving in the same automobile from the Detroit “ To search under area toward Grand Rapids. The the motor vehicle agents knew that at the time, the exception, Detroit area was an active an officer must center for bringing illegal liquor have probable into the United States. Believ- cause. ing that Kiro and Carroll were smuggling a load of illegal liquor from Detroit to Grand Rapids, the agents stopped the Special Agent Hendrie, DEA Legal Section, is a legal” instructor at the DEA Training Academy. vehicle. The agents conducted a August 2005 / 23 a trench coat in the car. The In the more usual case, an presence of the drugs in the pas- occupants of the car were officer would be in a situation senger compartment. The same arrested. The money, guns, and where he has found contraband inference can be drawn from other incriminating evidence or other evidence of a crime in finding a gun in the passenger from the robbery were found the passenger compartment of a compartment of the vehicle. A inside the car during a later vehicle. In such a case, it would gun found in the passenger warrantless vehicle search be reasonable for the officer to compartment of a motor vehicle conducted at the station. The believe that other contraband or would support an inference that U.S. Supreme Court found that evidence could also be in the other weapons, ammunition, or there was probable cause to trunk of the vehicle. 16 For contraband could be in the trunk arrest the suspects and probable example, in Commonwealth v. of that vehicle. 18 cause to search the vehicle. Moses, 17 the Supreme Court of The Court approved of the later Massachusetts ruled that drugs Personal-Use vehicle search under the motor and a gun found in the passen- Amount of Drugs vehicle exception. ger compartment of a vehicle It should be noted that some courts are of the view that the Scope of the Search presence of a personal-use The scope of a search under amount of drugs in the passen- the motor vehicle exception ger compartment of a motor is limited to the areas in the The Court approved vehicle would only give the vehicle where the evidence or of the later vehicle officer probable cause to search contraband could reasonably be search under the passenger compartment but located. For instance, suppose “the motor vehicle not the trunk. For example, in an officer has probable cause to Wimberly v. Superior Court believe that a suspect is carrying exception. of San Bernardino County 19 a suitcase full of illegal drugs, officers stopped a motorist for and the officer sees the suspect driving erratically. The officers hail a cab and put the suitcase approached the stopped vehicle in the trunk of the cab. If the during a frisk for weapons gave and saw a smoking pipe next suspect is detained by the an officer probable cause to to12 round seeds on the floor officer before he gets in the cab, believe that more drugs or of the vehicle. The officers the officer would have probable weapons could be in the trunk.” smelled the odor of burnt cause to believe that the drugs Ordinarily, an officer would not marijuana emanating from are in the suitcase put in the be permitted to search the trunk inside the car, and upon exam- trunk but not anywhere else in while frisking the automobile ining the pipe, they found burnt the cab. Under the motor ve- for weapons. However, once the marijuana residue in the pipe hicle exception, therefore, the drugs were found in the passen- bowl. The officers searched the officer would only have author- ger compartment of the vehicle interior of the car and found a ity to search the trunk because during the initial frisk, the plastic bag containing a small he would lack probable cause search of the trunk was permit- quantity of marijuana in the to believe that any contraband ted under the motor vehicle pocket of a coat. The officers or evidence would be found exception based upon the prob- used the car keys to open the elsewhere in the taxicab. 15 able cause arising from the trunk of the car where they 24 / FBI Law Enforcement Bulletin found several pounds of mari- motorist for failing to display information that he was a juana and hashish in a suitcase a front license on his vehicle. marijuana user and that there in the trunk. The California When the defendant rolled was not sufficient evidence to Supreme Court ruled that the down the window of the ve- establish probable cause that officers had probable cause to hicle, the officer noticed a there would be more drugs in search the passenger compart- strong odor of burnt marijuana.
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