Running Head: CASE ANALYSIS OF VEHICLE SEARCHES 1

Case Analysis of Vehicle Searches

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CASE ANALYSIS OF VEHICLE SEARCHES 2

Case Analysis of Vehicle Searches

Part 1

Carroll v. the United States, 267 U.S. 132 (1925), has several impacts on how law

enforcement officers perform their duties. First, the case law allows the officers to obtain a

search warrant before invading a private residence, buildings, people's possessions, and vehicles,

thus enabling them to respect the citizens' rights by making the search reasonable. This is in line

with the fourth amendment. However, some situations grant an officer a right to search without a

warrant. It is done is when an officer suspects that there is illegal liquor in a vehicle, ship, or any

other automobile.

Moreover, if an officer notices a person conveying contraband liquor in a vehicle or any

other automobile, it becomes his responsibility to take hold of the liquor and immediately

apprehend the individual in charge of the contraband. It shall also be his duty to take control of

the vehicle that the liquor was found. In this situation, the officer does not need any warrant to

undertake the search because it is a crime committed in the presence of an officer of the law.

Additionally, if a particular highway is well known for conveying illegal alcohol, the law

enforcement officers have a right to patrol the area, stopping any vehicle that passes through the

road. It shall be their duty to search for any contraband in the car. Those who are clear are

allowed to pass and those suspected to possess the contraband liquor are arrested and convicted

in the court of law. Carroll v. United 

States, 267 U.S. 132 (1925) has been of great importance to law enforcement because it

ensures the citizens' rights are respected, and lawbreakers are convicted.

 
CASE ANALYSIS OF VEHICLE SEARCHES 3

Part 2

The initial search of the vehicle is legal. This is because, according to Carroll v. U.S., 267

U.S. 132 (1925), an officer has a right to perform a warrantless search of a vehicle stopped on

traffic if the vehicle is suspected of containing contraband drugs, in this case, marijuana. An

officer's search with no warrant is acceptable depending on the demanding situation that a

vehicle stopped on traffic, possibly will be promptly evacuated from the investigation agency

jurisdiction. Brinegar v. the United States, 338 U.S. 160, (1949) also affirms that the search of

the vehicle is legal. The case law states that an officer may deal with probabilities. If an officer

has received trustworthy information that a crime is being committed, he or she will undertake

the search even without a warrant. 

Additionally, it is legal for an officer to search for the passenger's purse. Based

on Wyoming V. Houghton (98-184) 526 U.S. 295 (1999), a police officer with a plausible basis

of searching a vehicle, has a right to search belongings of passengers that are in the car if they

conceal the suspected object. In this case, the officer may search the purse because he or she

suspects that it contains marijuana. United States v. Robinson, 414 U.S. 218 (1973) also

maintains that searching belongings is legal for an officer. The case law illustrates that an officer

may carry out a full search on a person, including all their belongings if they are suspected of

carrying illegal items such as weapons and contraband drugs. This is considered a "reasonable"

search, and no person should resist.

 
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References

Carroll v. United States, 267 U.S. 132, 45 S. Ct. 280, 69 L. Ed. 543 (1925).

Wyoming v. Houghton, 526 U.S. 295, 119 S. Ct. 1297, 143 L. Ed. 2d 408 (1999).

Brinegar v. United States, 338 U.S. 160, 69 S. Ct. 1302, 93 L. Ed. 1879 (1949).

United States v. Robinson, 414 U.S. 218, 94 S. Ct. 467, 38 L. Ed. 2d 427 (1973).