MBE Rules · Criminal Procedure
Automobile exception — PC scope of search
Ross / Acevedo
The rule
Under the automobile exception, the permissible scope of the warrantless search extends to every part of the vehicle and all containers within it — whether belonging to the driver or a passenger — that could conceal the object of the search for which there is probable cause. Probable cause as to a specific container alone (Acevedo) permits search of that container but not the entire vehicle.
In plain English
Once officers have PC to believe contraband is somewhere in the car, they may open the trunk, glove box, backpacks, and passenger purses that could hold it. Scope is defined by what they have PC to look for, not by ownership of the container.
The trap
Students say passengers' belongings are off-limits — they are not, if PC extends to the vehicle generally (Houghton).
How examiners test it
Officer smells marijuana in car → searches passenger's purse → student must say search is valid.
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