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To: All

Never mind. I found it.

The “Automobile Exception”

“The most commonly-applied exception to the warrant requirement is the “automobile
exception,” which provides that, if law enforcement officers have probable cause to believe that an
automobile contains incriminating evidence or contraband, a warrantless seizure of the car (and its
driver), search of the car, and ultimate seizure of such items are permitted under the Fourth
Amendment.11 Officers need not believe that there are “exigent circumstances” justifying the
warrantless search; the mere fact that they possess probable cause to believe that contraband or
evidence is inside the vehicle is sufficient.12 This exception has been extended to apply to mobile
homes and boats, so long as such vehicles are “readily capable” of being made “movable.”13 Police
officers’ right to search vehicles without a warrant pursuant to the “automobile exception” does not
cease once the vehicle has been impounded by the police.14”
http://www.fd.org/pdf_lib/Automobiles%204th%20Amendment.pdf


7 posted on 04/18/2009 8:42:56 AM PDT by kellynla (Freedom of speech makes it easier to spot the idiots! Semper Fi!)
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To: kellynla

Only a jurist could justify that exception. It’s a violation of the 4th amendment no matter how you look at.


12 posted on 04/18/2009 8:46:21 AM PDT by farmer18th (If you preach "too big to let fail," you're also preaching "too small to let succeed.")
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To: kellynla

I’ve heard that some states have, as a requirement for getting a driver’s license in that state, the right to search your car.

You actually sign the right away when you sign your driver’s license.


36 posted on 04/18/2009 10:01:10 AM PDT by montomike (Politics should be about service and not a lucrative, money-making opportunity!)
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