IMPROBABLE CAUSE - THE POISONOUS FRUITS OF A SEARCH AFTER ARREST FOR A TRAFFIC VIOLATION

• NCJ Number: 6588
• Journal: Oklahoma Law Review Volume: 25 Issue: 1 Dated: (FEBRUARY 1972) Pages: 54-82
• Author(s): J F BAKER; J N KHOURIE
• Date Published: 1972
• Length: 29 pages
• Corporate Author: University of Oklahoma Press
• Publication Format: Article
• Language: English
• Country: United States of America

Annotation

POLICE MAY NOT SEARCH A PERSON OR AUTOMOBILE AFTER A TRAFFIC ARREST IN THE ABSENCE OF PROBABLE CAUSE TO BELIEVE THAT IT WILL UNCOVER WEAPONS OR CONTRABAND.

Abstract

TO PERMIT WARRANTLESS SEARCHES OF AUTOMOBILES SIMPLY BECAUSE THEY ARE INCIDENT TO LAWFUL TRAFFIC ARRESTS WOULD UNDERMINE CONSTITUTIONAL PROTECTIONS AGAINST ILLEGAL SEARCHES AND SEIZURES AND GIVE DANGEROUSLY BROAD DISCRETION TO ARRESTING POLICE OFFICERS. THEREFORE, IT IS NECESSARY THAT A WARRANTLESS SEARCH OF A PERSON OR AN AUTOMOBILE MADE AFTER A TRAFFIC ARREST BE SUPPORTED BY INDEPENDENT PROBABLE CAUSE TO MAKE SUCH A SEARCH. A SIMILAR REQUIREMENT OF PROBABLE CAUSE SHOULD BE PLACED ON POLICE OFFICERS WHO MAKE INVENTORY SEARCHES OF LAWFULLY SEIZED AUTOMOBILES. TO ASSURE COMPLIANCE WITH THIS REQUIREMENT, THE COURTS SHOULD SUPPRESS THE USE OF ALL EVIDENCE SEIZED PURSUANT TO A SEARCH NOT PREDICATED ON A SHOWING OF PROBABLE CAUSE. THIS ARTICLE EXAMINES MANY STATE, FEDERAL AND SUPREME COURT CASES AND ANALYZES OKLAHOMA CASE LAW DEVELOPMENT IN THIS AREA.