NCJ Number
4991
Journal
FBI Law Enforcement Bulletin Volume: 40 Issue: 3 Dated: (MARCH 1971) Pages: 7-8,10 & 29-30
Date Published
1971
Length
5 pages
Annotation
COURT DECISIONS PERMIT WARRANTLESS VEHICLE SEARCHES ON THE THEORY OF SEARCHES INCIDENT TO ARREST AND THAT OF SEARCHES ON PROBABLE CAUSE.
Abstract
SEARCHES INCIDENT TO ARREST CAN ENCOMPASS ONLY THAT AREA OF THE VEHICLE WHICH IS WITHIN THE IMMEDIATE REACH OF THE PERSON ARRESTED. REMOVAL OF THE CAR TO THE POLICE STATION WILL NORMALLY TERMINATE THE AUTHORITY TO SEARCH IF AN OFFICER HAS PROBABLE CAUSE TO BELIEVE THAT EVIDENCE OF A CRIME CAN BE FOUND IN A PARTICULAR VEHICLE WHICH MIGHT LEAVE HIS JURISDICTION BEFORE A WARRANT COULD BE OBTAINED, HE MAY SEARCH THAT VEHICLE. IF CIRCUMSTANCES PERMIT, THE SEARCH SHOULD BE MADE AT THE PLACE WHERE VEHICLE IS FIRST STOPPED. HOWEVER, THE COURTS WILL ALLOW DELAY AND REMOVAL OF THE CAR TO A MORE APPROPRIATE LOCATION, IF IT IS IMPRACTICAL TO SEARCH AT THE SCENE. UNDER EITHER JUSTIFICATION, THE OFFICER IS WELL ADVISED TO CONDUCT HIS SEARCH AS SOON AS CIRCUMSTANCES PERMIT.