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
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  - Walter v. United States
  - United States v. Jacobsen
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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
  - Steagald v. United States
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Search Warrants
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  - Lo-Ji Sales, Inc. v. New York
  - Connelly v. Georgia
- Probable Cause - Required
  - Winston v. Lee
  - Byars v. United States
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- With Particularity
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  - United States v. Flores-Montano
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  - Riley v. California
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- Search Incident to Arrest - Premises
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  - Pennsylvania Board of Probation and Parole v. Scott
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- Fruit of the Poisonus Tree
- Origins

Mobile Vehicles

Florida v. Myers

Facts

Officers arrested the defendant in his automobile, searched it and seized several items. The officers had the defendant’s automobile towed to a secure, locked impound lot. Eight hours later, an officer went to the impound lot and, without obtaining a warrant, searched the defendant’s automobile for a second time and seized additional evidence.

Issue

Whether a search conducted under the mobile conveyance doctrine, conducted after a search incident to an arrest and after the automobile was impounded and in police custody, violates the Fourth Amendment?

Held

No. A warrantless search of an automobile impounded and in police custody conducted eight hours after a valid initial search is proper as a mobile conveyance search if the officers have probable cause.

Discussion

In Michigan v. Thomas, the Court upheld a warrantless search of an automobile even though the automobile was in government custody and a prior inventory search of the car had already been made. That case specifically rejected the argument that the justification to conduct a warrantless search vanishes once the car has been taken into custody and impounded. The justification for the initial warrantless search did not vanish once the car had been immobilized. To conduct a mobile conveyance search, the government only needs to establish probable cause that the evidence sought it located in the mobile conveyance.

Citation

466 U.S. 380, 104 S. Ct. 1852 (1984)

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