CJ 3552 Lecture Notes - Lecture 5: Volstead Act, Motor Vehicle Exception

• School: App State
• Department: Criminal Justice
• Course: CJ 3552
• Professor: Robert Norris

Document Summary

Illegal transport of liquor (during prohibition) in michigan. Ruling: no, a warrant is not required for an automobile search. They stated that although they prefer warrants when practical, they are not practical for vehicles because vehicles are mobile . However, the police officers do need probable cause that the vehicle contains contraband in order to conduct a search. o. Two robbery suspects who were driving a vehicle were stopped and arrested, and the car was impounded. o. Ruling: no, it makes no practical difference because the probable cause still exists, and therefore, the search does not have to occur on the spot. Whren v. u. s. (1996: regardless of officers" motivations, as long as a traffic violation actually occurred, police are allowed to temporarily detain the driver and search the vehicle. State v. miller (ct, 1993): refused to follow chambers v. maroney. Once the vehicle has been impounded, there is no mobility justification and therefore, a warrant is required.