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 out business office that effectively renders the need to obtain a warrant to hunting a vehicle unnecessary. When analyzing the manner in which the U.S. overbearing homage has interpreted the exception and its tolerable scope, one potbelly conclude that if the facts indicate a warrant could be obtained to adjudicate a vehicle, it is not likely that, as a component part of federal constitutional fair play, 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 take away in this warrant-less search but also its permissible scope. This denomination 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 move fomite excommunication Lawful Access and Probable CauseA lawful search beneath the motor vehicle exception requires the existence of probable crusade to believe that the vehicle contains evidence or contraband and that the sample officers have lawf ul access to the vehicle. As necessarily a f! act-sensitive inquiry, the probable cause determination is not a government issue easily, or usefully, discussed within the context of general jural principles. As illustrated in the following cases, the probable cause compulsory to vindicate the warrant-less search of a vehicle is the same example required to support the issuance of a warrant. Defining Motor VehicleAlthough the motor vehicle exception often has been referred...If you want to function a full essay, order it on our website: OrderCustomPaper.com

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