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VOLUME 50, NUl,mER 11 f.·,~ ".!'~ ~ L~_ ~CQU~3rrION~ Contents Police History 1 Preserving Police History By George F, Maher %03:3 7' White-collar [5 Ponzi Schemes and Laundering-How Illicit Funds are Crime Acquired and Concealed :j By Vincent P. Dohe(ty and Monte E. Smith S" NZ Crime statistics 12 1980 Crime Statistics Point of View 16 The Police: From Slaying Dragons to Rescuing Cats By Edwin J. Delattre 20 Cooperation r , j JOint FBI/NYPD Task Forces: A Study in Cooperation t: By Kenneth P. Walton and Patrick J. Murphy yo 3 f 0 The Legal Digest [24 The Motor Vehicle Exception to the Search Warrant Requirement (Part I) qo '5 4- { By John C. Hall 32 Wanted By The FBI N: THE COVER: Federal Bureau of Investigation Published by the Office of Congressional and A restored 1925 Har· United States Department of Justice Public Affairs ley Davidson is driv­ Washington, D.C. 20535 Roger S. Young en by an officer Assistant Director '-"'~"'''';'--L . dressed iI' a uniform William H. Webster, Director Editor-Thomas J. Deakin I of that era. See arti- Assistant Editor-Kathryn E. Sulewski .... cleo on preserving the The Attorney General has determined that the publication Art Director-Kevin J. Mulholland of this periodical is necessary in the transaction of the history of a police Writer/Editor-Karen McCarron public business required by law of the Department of department begin­ Production Manager-Jeffrey L. Summers ning on p. 1. Justice. Use of funds for printing this periodical has been approved by the Director of the Office 01 Management and Budget through December 28, 1983, , ISSN 0014-5688 .... USPS 383-310 /0 ' 1 I , /] \~ THE MOTOR VEHICLE EXCEPTION ___ that historically, the fourth amendment . Considering the facts, the Court TO THE SEARCH had been construed as recognizing: concluded that there was probable cover cap.:'city) and agreed to sell " ... there is a necessary difference cause to believe that whiskey was in WARRANT REQUIREMENT them a quantity of whiskey which they between a search of a store, dwell­ the car. GivE1n the probable cause, the indicated would be obtained from the ing house, or other structure in Court consideied that the mobility of (PART I) east end of Grand Rapids (in the direc­ respect of which a proper official the vehicle created an exigency mn­ tion of Detroit). For reasons not appar­ warrant readily may be obtained, and dering the securing of a search warrant By The fourth amendment to the U.S. ent in the record, the transaction was a search of a ship, motor boat, wag­ impracticable, therefore justifying the not consummated and the whiskey JOHN C. HALL Constitution prohibits "unreasonable on, or automobile. where it is not warrantless search. In the words of the searches and seizures." 1 Although never delivered. However, about a Court, such searches are reasonable Special Agent practicable to secure a warrant be­ there is no explicit warrant requirement week after the meeting, the agents where: Legal Counsel Division cause the vehicle can be quickly in that amendment, the U.S. Supreme spotted the Carroll automobile travel­ 1) " ... the search and seizure with­ Federal Bureau of Investigation moved out of the locality or jurisdic­ Court has held that warrantless ing the road from Grand Rapids to tion in which the warrant must be out a warrant are made upon Washington, D. C. Detroit. An attempt to follow the vehi­ searches "are per se unreasonable sought." 5 probable cause ...."7 and under the Fourth Amendment-subject cle to determine its destination was While recognizing that there is a 2) " ... it is not practicable to secure only to a few specifically established unsuccessful. "necessary difference" between the a warrant because the vehicle and well-delineated exceptions." 2 Fur­ Because of their knowledge of the search of a house and the search of an can be quickly moved ...." 8 thermore, "the burden is on those area as "one of the most active cen­ automobile, the Court emphasized that The Supreme Court's decision in Law enforcement officers of dther seeking the exemption to show the ters" for smuggling whiskey into the the difference was not enough to place Carroll marks the beginning of the than Federal jurisdiction who are need for it." 3 United States, the earlier offer of the "Carroll Rule" or what is more fre­ Special Agent Hall automobiles and other vehicles com­ interested in any legal issue discussed One of the "few carefully deline­ same two men (in the same vehicle) to quently referred today as the "auto­ in this article should consult their legal pletely beyond the protections of the ated and limited exceptions" was first sell whiskey to the agents, and the mobile exception." This article traces adviser. Some police procedures ruled fourth amendment. On the contrary, permissible under Federal recognized by the Supreme Court in earlier observation of the vehicle on the Court stated: the development of the exception from constitutional law are of questionable Carroll v. United States,4 a 1925 deci­ the same highway, the agents stopped "It would be intolerable and unrea­ its origin in Carroll to the present day legality under Statf!; law or are not sion issued in the midst of the Prohibi­ the car and searched it. Beneath the sonable if a prohibition agent were and examines the manner in which it permitted at all. tion era. The newly arrived-on-the­ upholstery of the seats they found sev­ authorized to stop every automobile has been applied by the courts. Spe­ scene automobile was a natural attrac­ eral bottles of contraband whiskey, on the chance of finding liquor.... cifically, judicial interpretation of the tion for the "bootlegger" who required some of which was introduced at trial those lawfully within the country, en­ probable cause and exigent circum­ a means of transporting his contraband to secure the convictions of Carroll and titled to use the public highways, stances standards as applied to vehi­ goods swiftly from one point to another Kiro for violation of the National Prohi­ have a right to free passage without cles will be reviewed in an effort to to meet the demands of the market bition Act. interruption or search unless there is assist the law enforcement officer in and to evade detection and capture by Carroll and Kiro appealed their known to a competent official au­ judging when this exception can be the authorities. convictions to the U.S. Supreme Court, thorized to search, probable cause used to justify a warrantless vehicle On December 15, 1921, Federal challenging the legality of the search. It for believing that their vehicles are search. Two points are worthy of em­ Prohibition agents were routinely should be noted that the agents did not carrying contraband or illegal mer­ phasis before proceeding. patrolling a road between Grand have a warrant to search the auto­ chandise."s (emphasis added) First, the commonly accepted Rapids and Detroit, Mich., when they mobile; they did not have the voluntary phrase "automobile exception" is observed an automobile occupied by consent of Carroll or Kiro to conduct somewhat misleading because the rule George Carroll and John Kiro traveling the search; and the search was not is not limited in application to auto­ from the direction of Detroit toward incidental to an arrest, inasmuch as no mobiles. As noted above in Carroll, the Grand Rapids. About 2 months prior to arrests occurred until after the search Court suggested that the same charac­ the sighting, the same two men, driving uncovered the contraband. teristics which distinguish automobiles the same automobile, had met with the Nevertheless, the Supreme Court from houses are applicable to a "ship, agents (who were acting in an under- upheld the search and affirmed the motorboat, wagon" or "othervehicle."9 convictions. In so doing, the Court Indeed, in subsequent cases, the ex­ acknowledged the general requirement ception has been applied by the courts that a warrant be obtained prior to conducting a search, but concluded t 24 / FBI Law Enforcement Bulletin November 1961 / 25 ., f I ~- ---- , - ! ".