LEGAL

RESEARCH

Use of Force
- Generally
The Sixth Amendment Right to Counsel
- Attachment of Right
- Confrontation Clause
- Crime Specfific
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  - Maine v. Moulton
- Critical Stages - Lineups
  - United States v. Wade
  - Gilbert v. California
- Critical Stages - Questioning
- Right to Counsel
  - Gideon v. Wainwright
  - Massiah v. United States
The Fourth Amendment: What is a Search?
- Abandoned Property
  - Abel v. United States
  - California v. Greenwood
- Applies to Government Activities Only
- Foreign Searches
  - United States v. Verdugo-Urquidez
- Generally
- Open Fields & Curtilage
- Private Intrusions
  - Walter v. United States
  - United States v. Jacobsen
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- Third Party Control
The Forth Amendment: What is a Seizure?
- Arrests-Arrest Warrants
- Arrests-Generally
  - Atwater v. City of Lago Vista
- Arrests-Premises
- Arrests-Third Party Premises
  - Pembaur v. Cincinnati
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- Generally
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Search Warrants
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- Neutral and Detached Magistrate
  - Lo-Ji Sales, Inc. v. New York
  - Connelly v. Georgia
- Probable Cause - Required
  - Winston v. Lee
  - Byars v. United States
- Serving the Warrant - Knock and Announce
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- With Particularity
Search Warrant Exceptions - P.C. Not Needed
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  - United States v. Flores-Montano
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  - United States v. Chadwick
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  - Riley v. California
- Search Incident to Arrest - Persons
- Search Incident to Arrest - Premises
- Search Incident to Arrest - Vehicles
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- Fruit of the Poisonus Tree
- Origins

Mobile Vehicles

Chambers v. Maroney

Facts

Officers established probable cause that four men in a blue station wagon committed an armed robbery. Within an hour, officers stopped a blue station wagon containing four men approximately two miles from the crime scene. Officers arrested the men and drove their vehicle to the police station where it was searched without a warrant. Inside the vehicle, officers found evidence connected to the robbery

Issue

Whether the warrantless search of the automobile and the seizure of the evidence was lawful?

Held

Yes. A warrantless search of a vehicle is valid despite the fact that a warrant could have been procured without endangering the preservation of evidence.

Discussion

Automobiles and other conveyances may be searched without a warrant, provided there is probable cause to believe the vehicle contains articles that the officers are entitled to seize. Having established that contraband concealed in a vehicle may be searched for without a warrant, the Court considered the circumstances under which such search may be made.

The Court saw no distinction in seizing and holding a car before presenting probable cause to a magistrate, and carrying out an immediate search without a warrant. Given probable cause to search, the Court held that either course is reasonable under the Fourth Amendment. The light blue station wagon could have been searched on the spot where it was stopped since there was probable cause to search. Therefore, the warrantless search that took place was reasonable.

Citation

399 U.S. 42, 90 S. Ct. 1975 (1970)

LEGAL

Use of Force

Generally

The Sixth Amendment Right to Counsel

Attachment of Right

Confrontation Clause

Crime Specfific

Critical Stages - Lineups

Critical Stages - Questioning

Right to Counsel

The Fourth Amendment: What is a Search?

Abandoned Property

Applies to Government Activities Only

Foreign Searches

Generally

Open Fields & Curtilage

Private Intrusions

Reasonable Expectation of Privacy

Third Party Control

The Forth Amendment: What is a Seizure?

Arrests-Arrest Warrants

Arrests-Generally

Arrests-Premises

Arrests-Third Party Premises

Generally

Stops-Generally

Stops-Terry/Traffic Stops

The Fifth Amendment

Compelled

Due Process

Fourth Amendement Violations

Holder of the Privelege