NCJ Number
139241
Journal
Criminal Justice Journal Volume: 13 Issue: 2 Dated: (Spring 1992) Pages: 367-384
Date Published
1992
Length
18 pages
Annotation
The United States Supreme Court's decision in California v. Acevedo gives law enforcement officers the authority to make probable cause determinations that traditionally have been the task of magistrates, but this abolishment of the warrant requirement for a search of a container located inside a vehicle gives the police excessive power to conduct searches rapidly and conveniently.
Abstract
The Acevedo decision specifically overruled the decisions in United States v. Chadwick and Arkansas v. Sanders by allowing a warrantless search if the police officer has probable cause to believe that contraband might be found in the container. The decision demonstrates the Supreme Court's growing propensity to allow warrantless searches and also reveals this country's growing concern to find stronger means to address the problem of drug abuse. This case and the previous decisions in the Carroll, Chambers, and Ross cases indicate the Court's deference to law enforcement and provide the basis for further exceptions to the fourth amendment's requirement for a search warrant. Footnotes