NCJ Number
187398
Journal
Journal of Criminal Law & Criminology Volume: 90 Issue: 3 Dated: Spring 2000 Pages: 917-950
Date Published
2000
Length
34 pages
Annotation
This note illustrates that the automobile exception has increasingly diverged from Fourth Amendment precedent.
Abstract
In Florida v. White, the United States Supreme Court held that the warrantless seizure of an automobile did not violate the Fourth Amendment where that automobile was defined as seizable contraband under Florida State law. The note illustrates that the automobile exception has increasingly diverged from Fourth Amendment precedent. It also demonstrates that cases relying upon the automobile exception have become divorced from the Fourth Amendment's purpose, i.e., protecting individuals from abusive governmental intrusions. The note argues that White and its progeny are part of a disturbing long-term trend of eliminating the Fourth Amendment's warrant requirement. The Court must treat the Fourth Amendment as a guarantee of individual liberties, not an inconvenience to law enforcement. Further, the note contends, it behooves the Court to recall that the automobile exception is an exception to the warrant requirement and not the rule itself. Notes