kaiser wrote:KeepitKind wrote:kaiser wrote:rnf1292 wrote:Does anyone have a short summary on car searches for MBE crim pro? My notes are confusing the hell out of me.
Always keep in mind the key overarching rule: If there is probable cause as to the car, the entire car can be searched, including all containers within. But the search of the car must be within the scope of the PC that justified the automobile search. So if they have PC over the car to find a stolen TV, you can't search the glove compartment. But if PC is for drugs, you can search anywhere drugs could reasonably be found (which includes many more small places). Of course, always distinguish this from the rules of searches incident to arrest (since the rules pertaining to car searches with the search is incident to arrest are different). Thus, as a threshold matter, determine why the car is being search. Was it incident to an arrest? Or did police have PC over the car for some reason, stopped the car, and conducted the search?
What about a Terry "frisk" of the car. Wouldn't that only require reasonable suspicion? And what are the limits on that semi-search?
I have to review back on a Terry frisk of the car, and what the procedure is. My guess is that it would be a quick protective sweep for weapons. Obviously would be pretty narrow. Of course, for the person, you can also seize contraband if you know from first touch that it is contraband (in that it takes no manipulation to figure out), but that doesn't really apply to cars.
Ok gotcha. I'm buried in Comm. Paper so prob won't look into it today, but please report back if you get a better understanding of the procedure before I do, and I'll do the same.