MODEL RULES - SEARCHES, SEIZURES AND INVENTORIES OF MOTOR VEHILCES - PROJECT ON LAW ENFORCEMENT POLICY AND RULEMAKING - APPROVED DRAFT. REV. APRIL 1974

• NCJ Number: 17308
• Author(s): ANON
• Date Published: 1974
• Length: 78 pages
• Sponsoring Agency: Police Foundation
• Corporate Author: Arizona State University; Police Foundation
• Sale Source: Arizona State University
• Language: English
• Country: United States of America

Annotation

THESE RULES DETAIL THE SPECIFIC SITUATIONS, IN WHICH VEHICLE SEARCHES ARE AUTHORIZED AND THE PROCEDURES BY WHICH THE VEHICLES THEMSELVES MAY BE SEIZED.

Abstract

THE RULES ON SEARCHES ARE GROUPED IN TERMS OF COMMON SITUATIONS IN WHICH SEARCH OPPORTUNITIES ARISE: WHERE EVIDENCE IS FOUND IN PLAIN OR OPEN VIEW; WHERE AN ARREST, EITHER NONCUSTODIAL OR FULL CUSTODY, IS MADE; WHERE A SEARCH OF AN UNOCCUPIED VEHICLE IS DESIRED; AND WHERE CONSENT FROM THE OWNER OR DRIVER IS SOUGHT. ALL RULES ARE PREMISED ON THE ASSUMPTION THAT IN MOST INSTANCES THERE IS A LEGITIMATE EXPECTATION OF PRIVACY IN AUTOMOBILES AND MOST EXAMINATIONS OF VEHICLES WILL THERFORE BE SEARCHES (AS OPPOSED TO 'SEIZURES' OR 'INVENTORIES'). THE RULES APPEAR FIRST WITHOUT COMMENTARY. THEY ARE THEN REPRODUCED IN THE COMMENTARY SECTION WHERE THEIR RATIONALE AND THE LAW IN SUPPORT OF THEM ARE DESCRIBED. RELEVANT UNITED STATES SUPREME COURT AND LOWER APPELLATE COURT DECISIONS ARE CITED FOR EACH MODEL RULE. (AUTHOR ABSTRACT MODIFIED)