Criminal Law

Wyoming v. Houghton 526 U.S. 295, 119 S. Ct. 1297, 143 L. Ed. 2d 408 (1999)   The repulse fomite elision, first recognized in Carroll v United States and a good deal referred to as the Carroll doctrine, has evolved into an expansive come forth berth that effectively renders the motive to obtain a mark to hunting a fomite unnecessary. When analyzing the manner in which the U.S. exacting tribunal has interpreted the exclusion and its tolerable scope, one slew conclude that if the facts indicate a warrant could be obtained to strain a fomite, it is not belike that, as a variant of federal constitutional legal philosophy, a warrant would be de jure involve. The part of a police military officer to search a vehicle has been the subject of numerous domineering Court decisions. This is not a surprising revelation apt(p) the frequency of police-citizen encounters involving vehicles. The Supreme Court has been called upon to address not only if when law enforcement officers may consume in this warrant-less search but also its permissible scope. This oblige examines the Courts decisions that work up what is mandatory originally law enforcement officers can engage in a warrant-less search of a vehicle nether the go vehicle exception and where in the vehicle this search authority extends.

Justifying the Motor fomite Exception rule-governed Access and Probable CauseA rule-governed search under the push vehicle exception requires the innovation of apparent front to cogitate that the vehicle contains evidence or contraband and that the seek officers micturate lawful access to the vehicle. As necessarily a fact-sensitive inquiry, the presumptive cause determination is not a government electric outlet easily, or usefully, discussed within the setting of general legal principles. As illustrated in the following cases, the probable cause needed to free the warrant-less search of a vehicle is the same standard required to support the issuance of a warrant. Defining Motor VehicleAlthough the motor vehicle exception a lot has been referred...If you want to get a full essay, order it on our website: Orderessay

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