CRIM 424 Lecture Notes - Lecture 8: Motor Vehicle Exception, Affidavit, Forcible Entry
28 Nov 2018
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Does the vehicle contain evidence of contraband. If it does with probable cause, it can be searched without a warrant. Lawful possession of the property by law enf: can be used in a case. Policy allows what is necessary to account for property. Part of the community care-taking function when law enf. Has to take possession of property: govt got stuck with this property and has to account for it, doing what is needed to account for this property. Locked container: not search incident leading to arrest: take the briefcase and account for it and taking care of it, busting open the lock to account for what"s inside inventory. Not meant to be a case building search authority: take care of people"s property, can"t go searching for the evidence. Search within the meaning of the 4th amendment. Seizure within the meaning of the 4th amendment.
