The autmobile exception doctrine ( USSC vs. Carrol 1925) says: When police officer has Probable cause to belive that a motor vehicle contains contraband or evidence of a crime, no more exigent circumstances are needed that the inherent mobility of the vehicle.
My questions is does this apply to boats, ATV's/ Motorcycle saddle bags etc because they are motor vehicles and are inherently mobile as well. Or is it just confined to automobiles cause it is the "automobile" exception doctrine and the courts will supress the evidence if its from the anything beyond an automobile??????
Just curious
Posted by: 94c
The case law revolves around something that is "Mobile" (thus being able to move) there is case law that was tried against a camper that was thrown out because the wheels were off and thus not "Mobile". The courts agree that you should not be pulling over vehicles and then having to go through the trouble of getting a warrant.
However, If you have probable cause in advance, where you would have had TIME to get a warrant, then you should have gotten one.
A good example of this is in drug investigations where you learn that the bad guy is using a certain car to make his deliveries. Then if you knew this in ADVANCE then the courts will say that you had plenty of time to get a warrant and thus no exigency.
The leading case to Carroll in Mass is Comm v. Cast that goes on to state that once you have probable that the item is in a SPECIFIC location in a motor vehicle then a warrant is needed. Since of course you knew exactly where it was ahead of time.
This is a case where the less you admit to knowing the better.
Posted by: Mortal knight
Under C90s1 M/V defined as "all vehicles constructed and designed for propulsion by power other than muscular power." So I'd inturrpet as if you stop a motor cycle or boat and develop PC that drugs or other illegal contra band is on board you can search. I'd go as far and say if granny is on a PUBLIC side walk and you smell pot or alcahol, and that wheelchair has a battery and a control to direct its direction you could search the bags and compartment under this doctrine. Hey they might even name a case law if you stopped granny and her medical marijuana.
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