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Describe three situations in which there are exigent circumstances and probable cause to search a vehicle that in not readily mobile?

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Describe three situations in which there are exigent circumstances and probable cause to search a vehicle that in not readily mobile?

Find similar cases where this occured, what were the details and outcome?

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Solution Summary

This solution describes search warrant exceptions, and presents reference and explanation of case law to prove the Expert's argument. This solution is 813 words.

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Search and seizure are always interesting topics. As you may already know, the Fourth Amendment to the U.S. Constitution guarantees U.S. citizens freedom from "unreasonable searches and seizures." In Katz v. United States, 389 U.S. 347 (1967), the Supreme Court established the principle that a warrant must be obtained before a government authority may breach the individual privacy secured by the Fourth Amendment. The Katz decision held that "searches conducted outside the judicial process, without prior approval by judge or magistrate, are per se unreasonable under the Fourth Amendment?subject only to a few specifically established and well-delineated exceptions." Since this decision, the Court has recognized a number of exceptions to this rule that allow the police in certain situations to legally conduct a search without a warrant. One of these exceptions is for automobile searches.

The automobile exception was established in Carroll v. United States, 267 U.S. 132(1925), where the Court held that federal Prohibition agents were justified in searching an automobile without first obtaining a warrant because they had probable cause to believe that it contained contraband. The Court found that the search was justified by the exigency of the circumstances, noting that, unlike ...

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