Oregon Law Review : Vol. 85 No. 4, p. 913-942 : Cars, Cops, and Crooks: A Reexamination of Belton and Carroll with an Eye Toward Restoring Fourth Amendment Privacy Protection for Automobiles
Dateien
Datum
2006
Autor:innen
Zeitschriftentitel
ISSN der Zeitschrift
Bandtitel
Verlag
University of Oregon School of Law
Zusammenfassung
Pursuant to Carroll
v. United States, law enforcement officers may conduct a
warrantless search of an automobile, including closed containers
within, whenever there is probable cause to believe that the vehicle
contains contraband or evidence. New York v. Belton
permits the police to conduct a warrantless search of the “passenger
area” of the vehicle upon the arrest of a recent occupant of
the vehicle, even in the absence of probable cause to believe that the car contains any contraband or evidence. It is not an oversimplification
to state that Belton and Carroll have severely compromised
the protections of the Fourth Amendment with respect
to automobiles.
This Article will examine both the Belton and Carroll rules
and will suggest a way to restore our Fourth Amendment privacy
interest in our automobiles without compromising legitimate law
enforcement interests. Part I will reexamine the Belton rule and
consider the merits of abolishing it in favor of the more general
rules governing searches incident to arrest and the Carroll automobile
exception. Part II will urge a refinement to the Carroll
rule that will favor the occupants’ privacy interests while still respecting
the legitimate needs of law enforcement. Part III will
conclude by arguing that our expectation of privacy in our automobiles
can be restored through abolishing the Belton rule and
modifying Carroll.
Beschreibung
30 p.
Schlagwörter
Searches and seizures, United States. Constitution. 4th Amendment
Zitierform
85 Or. L. Rev. 913 (2006)