The Carroll doctrine justifies the search of a vehicle without a warrant. It states that a search done by law enforcement officers with probable cause to believe the vehicle contains incriminating items subject to seizure is not unreasonable. Do the legal principles in this chapter apply to vehicles such as bicycles, rowboats, motor homes, trains, or airplanes?
The legal principles in this chapter apply to bikes, rowboats, motor homes, trains, and/or planes because of the automobile exception. The automobile exception states that the automobile’s occupants and contents are open to view, it may serve as a residence (motor home), it’s required to be licensed and registered, it’s extensively regulated with the condition and manner …show more content…
Can the upholstery be ripped open? Can the vehicle be dismantled? Can the tires be taken off to look inside them? Can pillows, radios, clothing, and other potential containers be dismantled or ripped apart?
The officer can search the vehicle to the extent that they have probable cause the motor vehicle is transporting items that are incriminating in character and the vehicle must be readily mobile. They have permission to search anywhere in the car without a warrant, not just the passenger area while in motion. This means that any closed container and/or package found outside of the vehicle can’t be searched without a warrant or justification from one of the exception such as the tires or any part not in the engine compartment.
Who has standing to challenge the search of a motor vehicle by police? The stop of a motor vehicle? Would passengers ever have the ability to have evidence excluded that is found by police during a vehicle search?