NCJ Number
98482
Journal
Journal of Criminal Law and Criminology Volume: 74 Issue: 4 Dated: (Winter 1983) Pages: 1265-1281
Date Published
1983
Length
17 pages
Annotation
In Michigan v. Long, the U.S. Supreme Court held that a police officer's protective search for weapons in the passenger compartment of a car does not violate the fourth amendment when, absent probable cause, the officer has a reasonable belief that the suspect is dangerous and may have immediate access to a weapon.
Abstract
In Terry v. Ohio, the Court ruled that a police officer can conduct a pat-down frisk for weapons without probable cause when the officer has a reasonable belief that the suspect is armed and dangerous. In 'Long,' the Court extended the 'Terry' rationale to protective searches of the passenger compartment of an automobile. Although the Court permitted such a warrantless search only because it was justified by the circumstances (which supported the officer's reasonable belief that the suspect was likely to have an accessible weapon), it did not sufficiently explain the requisite circumstances and limitations of a protective automobile search. This absence of guidelines may invite police searches of automobiles that cannot be justified under the fourth amendment. The author suggests procedures in which a protective automobile search should comply with the principles of Terry. A total of 109 footnotes are provided.