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RULE GOVERNING THE SEARCH AND SEIZURE OF MOTOR VEHICLES – FLOWCHART

The Fourth Amendment to the United States Constitution prohibits unreasonable searches and seizures and requires that, prior to any search or seizure action, the police obtain a warrant, based on probable cause and specifically describing the place to be searched and the items to be seized.

If evidence is illegally obtained in violation of the protections of the Fourth Amendment, then the evidence may be tossed out or “suppressed,” pursuant to the Exclusionary Rule. Evidence that is suppressed cannot be used against you in court. There are, though numerous exceptions to the warrant requirement and the Exclusionary Rule, and many of those exceptions relate to motor vehicle searches.

The Supreme Court has held that we have a lesser expectation of privacy in a motor vehicle than we do in our home. We drive vehicles out in public and park them on public streets; the interior of most vehicles is plainly visible to anyone passing by. Moreover, vehicles are mobile, so if a law enforcement officer has to take the time to get a search warrant, the vehicle could easily be moved before the warrant can be executed. Consequently, different rules apply to vehicle searches. Even so, if these rules are violated, the Exclusionary Rule will keep the evidence out of court.

The following charts describe the rules that apply to vehicle searches and the analysis used to determine if a search and/or seizure of evidence was lawful.

CHART CONTENTS

1. When do the rules for vehicle searches apply?
2. What are the exceptions to the warrant requirement for searches and seizures involving vehicles?
3. Did the officer make a legal traffic stop?
4. At a legal traffic stop, what is the officer allowed to do?
5. How are law enforcement officers allowed to use roadblocks (checkpoints)?
6. Is evidence found in the search of an impounded vehicle admissible?
7. When is an RV (recreational vehicle) considered a vehicle?