Abstract

http://ssrn.com/abstract=1568330
 


 



Cars, Cops, & Stops: Fourth Amendment in Vehicular Context


Byron L. Warnken


University of Baltimore School of Law

September 30, 2009


Abstract:     
This 48-page CLE (continuing legal education) brochure is titled “Cars, Cops, & Stops: Fourth Amendment in the Vehicular Context” and was last updated in 2010. It analyzes, in the vehicular context, both as to the vehicle and as to persons associated with the vehicle, Fourth Amendment warrant issues and Fourth Amendment exceptions to the warrant requirement. Topics include (1) “stop/detention” of a vehicle based on articulable suspicion that a felony has been committed, that a crime is about to be committed, or that a safety violation exists; (2) warrant execution; (3) consent search of a person and/or a vehicle; (4) frisk of a driver and/or passenger(s), plus searching the interior of the vehicle based on reasonable suspicion that the driver and/or a passenger is presently armed and dangerous; (5) search incident to a lawful arrest of the driver and/or a passenger, plus searching the interior of the vehicle as part of “search incident”; (6) search of the entire vehicle, under the “automobile exception,” based on probable cause to believe that fruits, evidence, and/or instrumentalities of a crime are in the vehicle; and (7) inventory search of the entire vehicle. The brochure includes a 15-point checklist.

Number of Pages in PDF File: 48

Keywords: cars, automobiles, motor vehicles, Fourth Amendment, search and seizure, privacy, constitutional law, drivers, passengers

JEL Classification: K14, K19, K42

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Date posted: March 30, 2010 ; Last revised: July 12, 2010

Suggested Citation

Warnken, Byron L., Cars, Cops, & Stops: Fourth Amendment in Vehicular Context (September 30, 2009). Available at SSRN: http://ssrn.com/abstract=1568330 or http://dx.doi.org/10.2139/ssrn.1568330

Contact Information

Byron L. Warnken (Contact Author)
University of Baltimore School of Law ( email )
1420 N. Charles Street
Baltimore, MD 21218
United States
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