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General Rule:
Chapter 9
: Searches of Vehicles:
Table Of Contents
Chapter 9
: Searches of Vehicles:
General Rule:
The “Automobile Exception” to the Warrant Requirement
Justification for the Rule
Warrantless Searches of Vehicles
Incident to Arrest
The Rationale
Containers
Probable Cause Not Needed
Limitations:
The Lunging Area
Contemporaneous in Time and Place
Transportation
Search Incident to a Citation
Searches where Arrestee is a “Recent Occupant:”
Search With Probable Cause
General Rule
Problem: Limited Amount of Contraband
Problem: Vehicle Already Impounded
Problem: Closed Containers
Problem: Motorhomes (and Other Vehicles)
Problem: Expanding the Scope of the Search
Evidence of Probable Cause
Vehicle is Itself Evidence
Inventory Searches
"Pat Down" (or "Protective Search") of a Vehicle
Statutory Automobile Inspections:
V.C. § 2805(a): Elements
V.C. § 2805(b): Elements
Time and Manner of Inspections
Penalties
Relevant Definitions
Downloading the Contents of an “Event Data Recorder”
Case Law
Searching for Driver’s License and Vehicle Documentation
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